Family Court
"Brandon was my attorney through a family court case. I moved to Arizona to fight for joint 50/50 custody. He was personable, knowledgeable, and responsive throughout — and he listened to exactly what I wanted in the outcome."
Child Custody
Custody, parenting time, and what's best for your children.
In Arizona, "custody" is divided into Legal Decision-Making and Parenting Time. We'll help you navigate both with clarity and compassion.
Legal Decision-Making
Parenting Time
Child Support
Paternity & Enforcement
Understanding Arizona Custody
How Does Child Custody Work?
In Arizona, the court does not use the term "custody." The issue previously termed custody is now broken into two categories: 1) Legal Decision-Making, and 2) Parenting Time. Legal Decision-Making refers to the authority to make major decisions on behalf of your child (medical, educational, religious, etc.). Parenting Time refers to the time you spend with your child.
The court will consider a number of factors when determining a custody arrangement. These factors include the relationship between the children and the parents, the wishes of the children if they are of suitable age and maturity, any history of domestic violence, whether a parent has engaged in coercion, whether a parent has misled the court, any substance abuse issues, and other factors. The court will also look at their maturity and their understanding of the importance of telling the truth.
Arizona courts generally prefer to award the parents joint legal decision-making and equal parenting time when possible. The court generally considers that arrangement to be in the best interests of the children in normal situations. Some situations require the court to order more parenting time to one parent or authorize one parent to make all decisions for the child (sole legal decision-making) — for example, when one parent's work schedule does not accommodate equal time, or when supervised parenting time is necessary due to substance abuse or a history of domestic violence/child abuse.
Joint custody by default
Arizona courts presume joint legal decision-making and equal parenting time serve the best interests of the child.
Financial Support
What Is Child Support?
The Basics
In short, child support is a payment that is made to the other parent to help with the ordinary expenses of raising a child. Costs of extracurricular activities, education expenses, and medical expenses not covered by insurance are addressed separately. Child support payments are not taxable to the recipient parent.
How It's Calculated
The court calculates the amount based on both parents' incomes, the amount of parenting time each parent has, costs of health insurance, costs of childcare, and other extraordinary costs. The Arizona Child Support Guidelines apply unless the parties agree to a different amount — and absent agreement, the guidelines are used virtually 100% of the time.
Equal Time Misconception
A common misconception is that there is no child support when parents share equal time. That is not necessarily the case — the amount of parenting time can drastically change the calculation. If a parent has very little parenting time, their child support obligation may be higher than if they share equal time.
Going Deeper
How support, custody, and the guidelines fit together.
01
The Relationship Between Child Support and Custody
Child support and "custody" (parenting time) are related in that the amount of parenting time a parent has with the child has an impact on the amount of child support ordered. The court presumes that a parent is providing for the child financially when the child is in their care. If the child is always in the other parent's care, the non-custodial parent has to pay more to assist with the expenses of raising the child.
Child support and "custody" are not related in a way that allows a parent to refuse one in response to the other parent refusing the other. A parent cannot withhold the child from the other parent for failure to pay support, and a parent cannot refuse to pay support in response to the other parent withholding the child. The issues are completely separate in that regard. The appropriate step in either situation is to file a Petition to Enforce.
02
Child Support Guidelines
Although the Arizona Child Support Guidelines are not officially law, the court treats the guidelines as law and will order the amount determined by the guidelines virtually 100% of the time unless the parties agree to a different figure.
Whether you are seeking a divorce, dissolving a marriage, or filing for paternity, you will have to follow child support guidelines. These guidelines are based on specific criteria and result in a computation of the amount of support to be paid.
The Guidelines account for the respective incomes of the parents, the amount of parenting time each parent has, the costs of health insurance and childcare paid by a parent, and other extraordinary costs (special needs/education costs) paid by a parent.
Parents may agree to an amount other than the amount calculated by the guidelines; however, the court does have the authority to deny the agreement if the court determines it is not in the best interests of the children.
03
Who Is Responsible for Child Support Payments?
The child support worksheet provided by the court will determine which parent is obligated to pay child support. The worksheet is pre-formatted consistent with the Arizona Child Support Guidelines. It takes into account the incomes of both parents, the amount of parenting time each parent has, the cost of health insurance and childcare paid by a parent, and other extraordinary costs on behalf of the child (special needs/educational costs).
Not all expenses for the child are included in child support. The court presumes that both parents are providing the basic needs of the child (food, clothing, shelter) while the child is in that parent's care. Additionally, costs such as extracurricular activities and medical costs not covered by insurance will generally be divided between the parents in addition to child support.
Child support ends when the child turns eighteen years old or graduates high school, whichever comes last. If the child turns nineteen and has not graduated high school, child support ends the month they turn nineteen. Parents are not obligated to pay child support while a child is in college, nor are they required to pay for their child's college under Arizona law.
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