Arizona Custody and Parenting Plans

Arizona courts determine legal decision-making (custody) and parenting time (visitation) based on the child's best interests under A.R.S. § 25-403. Arizona uses unique terminology and requires a detailed parenting plan, an automatic preliminary injunction at filing, and completion of a Parent Education Program.

This comprehensive guide covers Arizona's best interest factors, legal decision-making types, the parenting time credit system, the 60-day waiting period, mandatory education requirements, and Income Shares child support calculations.

Arizona's Best Interest Factors

Under A.R.S. § 25-403, Arizona courts must consider multiple factors when determining legal decision-making and parenting time:

• Parent-child relationship: The past, present, and potential future relationship between each parent and the child
• Child's adjustment: The child's adjustment to home, school, and community
• Child's wishes: If the child is of suitable age and maturity
• Mental and physical health: Of all individuals involved
• Meaningful contact: Which parent is more likely to allow frequent, meaningful, and continuing contact with the other parent
• Domestic violence: Whether there has been domestic violence or child abuse
• Coercion or duress: Whether a parent used coercion or duress to obtain an agreement
• Compliance: Whether a parent has complied with court orders
• False reporting: Whether a parent has been convicted of making a false report of child abuse or neglect

Important: Under A.R.S. § 25-403.03, courts cannot award joint legal decision-making where there has been significant domestic violence. Lesser domestic violence creates a presumption against awarding sole or joint decision-making to the perpetrator.

Legal Decision-Making Types

Arizona uses the term "legal decision-making" instead of "custody" to describe decision-making authority:

Joint Legal Decision-Making

• Both parents share the right and responsibility to make major decisions about the child
• Includes decisions about education, healthcare, religious training, and personal care
• Does not require equal parenting time

Sole Legal Decision-Making

• One parent has exclusive authority to make major decisions
• The other parent typically still has parenting time
• May be appropriate when parents cannot communicate or cooperate effectively

Explore different custody arrangements and see how parenting time translates into annual days:

Parenting Plan Requirements

Under A.R.S. § 25-403.02, every Arizona parenting plan must include:

• Decision-making designation: Whether joint or sole legal decision-making
• Residential schedule: A detailed schedule including weekdays, weekends, holidays, school breaks, and special occasions
• Exchange provisions: Where and how custody exchanges will occur
• Dispute resolution: A process for resolving future disagreements (mediation, arbitration, or court)
• Communication protocols: How parents will communicate about the children and how the child will communicate with each parent

Automatic Preliminary Injunction

Under A.R.S. § 25-315, an automatic preliminary injunction takes effect when you file for divorce. This restrains both parties from:

• Transferring, selling, or hiding community property (except for normal expenses)
• Molesting or harassing the other spouse or children
• Removing the children from Arizona without consent or court permission
• Removing the other party or children from existing insurance coverage

The injunction binds the petitioner upon filing and the respondent upon service. It remains in effect until the case is dismissed or the final decree is entered.

Residency and Waiting Period

Arizona has specific requirements before filing and finalizing a divorce:

• 90-day residency: Under A.R.S. § 25-312, at least one spouse must be domiciled in Arizona or stationed here on military duty for 90 days before filing
• 60-day waiting period: Under A.R.S. § 25-329, no decree can be entered until 60 days after service or acceptance of the petition
• Home state for children: Arizona must be the child's "home state" (6 months residency) to make custody orders

Parent Education Program

Under A.R.S. § 25-352, Arizona courts must order both parents to attend an educational program when custody, parenting time, or support is at issue:

• Programs address the impact of divorce on children and co-parenting strategies
• County-specific programs are available (in-person or online)
• Fees vary by county and provider (typically $40-$100)
• Exceptions may be granted in certain circumstances

Need a Complete Parenting Plan?

The schedule calculator above helps you explore arrangements. For a comprehensive parenting plan that meets all Arizona requirements, build your full Arizona parenting plan here.

Child Support Under Arizona Guidelines

Arizona uses the Income Shares model under A.R.S. § 25-320 and the 2022 Arizona Child Support Guidelines. Both parents' incomes are combined to estimate what would have been spent on children in an intact household, then divided proportionally.

Key Support Thresholds (2025)

• Combined income cap: $30,000/month Combined Adjusted Child Support Income (CACSI)
• Self-support reserve: $2,038.40/month (80% of full-time minimum wage at $14.70/hour)
• Minimum order: No order if calculated amount is less than $8/month (clearinghouse handling fee)
• Older-child add-on: +10% to the support portion for each child age 12 or older

Parenting Time Credit Table

Arizona provides credits based on the number of parenting days the paying parent has:

• 0-19 days: 0% credit
• 20-34 days: 2.5% credit
• 35-49 days: 5% credit
• 50-69 days: 7.5% credit
• 70-84 days: 10% credit
• 85-99 days: 15% credit
• 100-114 days: 17.5% credit
• 115-129 days: 20% credit
• 130-142 days: 25% credit
• 143-152 days: 32.5% credit
• 153-163 days: 40% credit
• 164+ days: 50% credit (essentially equal time)

Add-On Expenses

• Health insurance: Child's allocable share of medical, dental, and vision premiums
• Work-related childcare: Actual costs necessary for employment or job search, annualized
• Education expenses: Reasonable and necessary private/special school costs (by agreement or court order)
• Extraordinary expenses: Costs for gifted or special-needs children, annualized

Support Duration and Termination

Arizona child support follows specific termination rules:

• Standard termination: Age 18
• High school exception: Continues while actually attending high school or equivalency program, but not beyond age 19
• Disabled adult children: Support may continue if the child has severe mental or physical disabilities that began before majority

Interest on Arrears

Under A.R.S. § 25-510, unpaid child support accrues 10% per annum simple interest (no compounding). Interest begins at the end of the month after the month the payment was due.

Relocation Requirements

Under A.R.S. § 25-408, a parent with joint legal decision-making or parenting time must provide 45 days' advance written notice before relocating:

• Out of Arizona, OR
• More than 100 miles within Arizona

The non-relocating parent may petition to prevent the relocation. Courts consider the impact on the child's relationship with both parents.

Modifying Orders

Arizona allows modification under specific circumstances:

Support Modification

• Standard: Requires a "substantial and continuing change" in circumstances
• Simplified procedure: Available if recalculation differs by 15% or more from the current order
• Effective date: Generally the first day of the month after notice of the petition

Parenting Time Modification

• Requires a change in circumstances affecting the child's best interests
• Expedited procedures available for endangerment, domestic violence, or military deployment

Enforcement of Support Orders

Arizona provides robust enforcement through the Division of Child Support Services (DCSS):

• Income withholding: Employers must begin withholding within 14 days of receiving the order
• License suspension: Driver's, recreational, and professional licenses may be suspended after 6 months in arrears
• Tax refund intercepts: Federal ($500+ arrears) and state refunds applied to arrears
• Passport denial: Federal law denies passports when arrears exceed $2,500
• Credit reporting: Arrears reported to credit bureaus
• Contempt: Willful non-payment can result in fines or incarceration

Key Takeaways

• Best interest factors: Courts evaluate A.R.S. § 25-403 factors; DV bars joint decision-making
• 90-day residency: Required before filing for divorce
• 60-day waiting period: After service before decree can be entered
• Automatic preliminary injunction: Restrains both parties upon filing
• Parent Education: Required when custody/parenting time is at issue
• Income Shares model: Combined adjusted income up to $30,000/month cap
• Parenting time credits: 0-50% based on days with child (164+ = equal time)
• Older-child add-on: +10% for children age 12+
• Self-support reserve: $2,038.40/month (2025)
• Support termination: Age 18 (19 if in high school)
• 10% interest: Simple interest on arrears
• Relocation notice: 45 days for out-of-state or >100 miles
• AZ calculator: Use the official Arizona calculator for precise estimates

For general information about divorce processes, see our guide to fault vs. no-fault divorce. For help organizing your case, review our divorce document checklist.