Family Court in Arizona: What Survivors Need to Know (Decision-Making & Parenting Time)

In Arizona, the family court system uses unique terminology that differs from other states. Understanding these terms—and the specific statutes designed to protect survivors—is critical for your case.

Arizona law (A.R.S. § 25-403.03) explicitly recognizes that domestic violence is contrary to a child's best interests. This guide explains how to leverage these laws to protect yourself and your children.

1. New Terminology: "Custody" is Gone

Arizona no longer uses the terms "custody" or "visitation" in family court. Using the correct legal terms will help you communicate effectively with judges and lawyers:

• Legal Decision-Making (formerly Legal Custody): The right to make major non-emergency decisions for the child (education, health care, religion, and personal care). This can be Sole (one parent decides) or Joint (parents decide together).

• Parenting Time (formerly Physical Custody/Visitation): The schedule of when the child is physically with each parent.

• In Loco Parentis: A legal term for a non-parent (like a grandparent or stepparent) who has acted as a parent and is seeking visitation or decision-making rights.

2. The "Rebuttable Presumption" (A.R.S. § 25-403.03)

This is the most powerful statute for survivors in Arizona.

• The Law: If the court finds that a parent has committed an act of "significant domestic violence" or has a "significant history of domestic violence," there is a rebuttable presumption that awarding Joint Legal Decision-Making to that parent is NOT in the child's best interest.

• What this means: The judge starts with the assumption that the abuser should not have decision-making power. The abuser must then prove (rebut) that they are safe and that shared power is good for the child.

• Burden of Proof: If you prove domestic violence exists, the burden shifts to the abuser to prove that parenting time will not endanger the child.

3. Orders of Protection

You can file for an Order of Protection against a spouse, ex-spouse, or someone you have lived with or dated.

• Emergency Order of Protection: Valid for up to 7 days. Can be issued by a judge/magistrate 24/7 if you are in immediate danger (often with police help).

• Standard Order of Protection: Valid for one year. You can request this through the AZPOINT online portal before going to the courthouse.

• Impact on Family Court: If you have an Order of Protection, it serves as strong evidence in your Family Court case. The Family Court judge must consider it when deciding parenting time.

4. Mediation & Conciliation Services

Arizona courts (especially in Maricopa and Pima counties) heavily rely on Conciliation Services for mediation.

• The Risk: Mediation usually involves negotiating with the other parent.

• The Protection: Under Arizona law, the court cannot order "joint counseling" if there is domestic violence.

• Safety Options: If you are ordered to mediation/conference, you can request safety measures such as:

  • Separate Rooms (Shuttle Mediation): The mediator goes back and forth; you never see your abuser.

  • Video Mediation: Participating remotely so you are not in the same building.

  • Exemption: In severe cases, you can ask to be excused entirely, though courts often prefer to try safety protocols first.

5. Child Support & Deviations

Arizona uses a strict "Income Shares" model guidelines calculator.

• Standard Calculation: Based on both parents' gross incomes and parenting time days.

• Deviations: The court can deviate from the guidelines if applying them would be "unjust." For example, if the abuser has manipulated their income or if you have extraordinary costs due to the violence (counseling, secure housing), you can argue for a higher amount.

6. Confidentiality: "Request for Protected Address"

• Crucial Step: When you file your initial papers (Petition for Dissolution or Paternity), you must normally list your address.

• The Fix: DO NOT list your home address if you are unsafe. File a "Request for Protected Address" form. This keeps your address off the public docket and only visible to court staff. You will use a substitute address (like a lawyer or clerk's office) for mail.

Frequently Asked Questions (FAQ)

Q1: Can I move out of state with my child?

Not easily. If you have a court order (or one is pending), Arizona's relocation statute (A.R.S. § 25-408) applies. If both parents live in Arizona, you generally must give 60 days' written notice before moving the child more than 100 miles or out of state. If you flee for safety, file a motion immediately to explain your absence, or you risk being accused of custodial interference.

Q2: Will the judge order "50/50" parenting time?

It is the starting point, but not the rule. Arizona policy (A.R.S. § 25-103) favors "frequent and continuing contact" with both parents. However, this does not apply if it endangers the child. The A.R.S. § 25-403.03 domestic violence findings can block 50/50 schedules.

Q3: What if I can't afford a lawyer?

AZCourtHelp.org and local Law Libraries (like in Maricopa County) offer excellent free forms and instructions. Community Legal Services (CLS) and DNA People's Legal Services provide free aid to low-income survivors.

Q4: Does emotional abuse count?

Yes. Arizona's definition of domestic violence (A.R.S. § 13-3601) includes crimes like threatening/intimidating, harassment, and stalking. It is not limited to physical hitting. Documenting texts and emails is vital to prove this.

Q5: Can the court order supervised visits?

Yes. If the court finds the child is at risk, it can order that parenting time be supervised by a professional agency or a safe third party. The court can also order the abuser to pay the cost of this supervision.

Q6: What is "AZPOINT"?

AZPOINT is the Arizona Protective Order Initiation and Notification Tool. It is a safe, online portal where you can start your petition for a protective order before you even walk into the courthouse, reducing the time you spend exposed in a public building.

References & Resources

• AZPOINT (Protective Order Portal): azpoint.azcourts.gov

• Arizona Coalition to End Sexual and Domestic Violence: 602-279-2900 (Legal advocacy referrals).

• Community Legal Services: 1-800-852-9075.

• Maricopa County Law Library Resource Center: Excellent self-help forms for Decision-Making.

• Legislation: Arizona Revised Statutes § 25-403.03 (DV & Decision-Making), § 13-3601 (DV Definition).