J
By
John Quigley, Legal Content Director · Reviewed against current A.R.S. · Last reviewed 2026-06-11
Arizona law no longer uses the word “custody” — it speaks of legal decision-making and parenting time. Both are decided under a single guiding standard: the best interests of the child.
What Arizona law says
A.R.S. § 25-403 — Lists the best-interests factors a Maricopa County judge must consider when allocating legal decision-making and parenting time.
A.R.S. § 25-401 — Defines key terms, including legal decision-making (formerly legal custody) and parenting time.
A.R.S. § 25-408 — Governs relocation — a parent who wants to move a child out of state or more than 100 miles must give the other parent advance written notice.
⏱ Key deadline
A parent planning to relocate a child must give at least 45 days’ advance written notice under A.R.S. § 25-408.
How child custody cases work in Maricopa County
Legal decision-making and parenting time are decided in the Family Court department of Maricopa County Superior Court, often after the parents attend the mandatory Parent Information Program and, in disputed cases, mediation or a court-appointed evaluation.
Frequently asked questions
Does Arizona favor the mother?
No. Arizona law is gender-neutral; A.R.S. § 25-403 directs the court to decide based on the child’s best interests, not the parent’s gender.
What is joint legal decision-making?
It means both parents share authority over major decisions (education, health care, religion). Parenting time — the day-to-day schedule — is decided separately.
Can a custody order be changed?
Yes, generally upon a showing of a substantial and continuing change in circumstances affecting the child’s best interests.
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Disclaimer: AZAttorneyFinder is an independent attorney directory, not a law firm, and does not provide legal advice. This page is general legal information about Arizona law, reviewed against the Arizona Revised Statutes (A.R.S.). It is not a substitute for advice from a licensed Arizona attorney about your specific situation. Statutes change — verify current law before relying on it.