Question 1

Can I move out of state with my child?

Accepted Answer

Not without written consent from the other parent or a court order. Arizona requires at least 45 days advance written notice before relocating the child more than 100 miles from the current residence or out of state. (A.R.S. § 25-408). If the other parent objects, you must petition the court for permission.

Question 2

What is the difference between legal decision-making and parenting time in Arizona?

Accepted Answer

Legal decision-making (formerly called custody) refers to who makes major decisions about education, healthcare, and religion. Parenting time (formerly visitation) refers to the schedule of when children are with each parent. You can have joint legal decision-making with any parenting time split.

Question 3

Does Arizona prefer mothers over fathers in legal decision-making cases?

Accepted Answer

No. Arizona law explicitly prohibits preference based on the parent's sex. Courts must apply the same best interests factors equally to both parents. The 11 statutory factors focus on parenting ability, relationships, and the child's needs—not gender.

Question 4

At what age can a child decide which parent to live with in Arizona?

Accepted Answer

There is no specific age at which a child can choose. Arizona courts consider a child's wishes as one of the 11 best interests factors if the child is of 'suitable age and maturity.' Judges typically give more weight to older teenagers' preferences but always consider the child's reasoning and whether it reflects their true wishes.

Question 5

How long does a legal decision-making case take in Arizona?

Accepted Answer

Uncontested cases where parents agree can be finalized in 60-90 days. Contested legal decision-making cases typically take 6-12 months, depending on court scheduling and complexity. Cases requiring legal decision-making evaluations or involving domestic violence allegations may take longer.

Question 6

What is the Parent Information Program (PIP) requirement?

Accepted Answer

Arizona requires all parents in legal decision-making cases to complete the Parent Information Program within 45 days of being served. This 4-hour class covers co-parenting skills, children's developmental needs, and conflict resolution. Cost is typically $50 or less, and online options are available.

Question 7

Can grandparents get custody or visitation rights in Arizona?

Accepted Answer

Arizona allows grandparents to petition for visitation under certain circumstances, such as when the parents' marriage has been dissolved for at least 3 months or a parent is deceased. Grandparents can also seek legal decision-making if they've been acting as the child's parent (in loco parentis) and can demonstrate it's in the child's best interests.

Question 8

How do courts handle legal decision-making when there's domestic violence?

Accepted Answer

Arizona law creates a rebuttable presumption that it's not in the child's best interests to award sole or joint legal decision-making to a parent who has committed domestic violence. The abusive parent must prove by a preponderance of evidence that legal decision-making is in the child's best interests despite the violence.

Question 9

How do Arizona courts determine "best interests of the child"?

Accepted Answer

Arizona courts consider 11 statutory factors under A.R.S. § 25-403, including the child's relationship with each parent, the child's adjustment to home, school, and community, the mental and physical health of all parties, which parent is more likely to allow contact with the other parent, whether there has been domestic violence, and the child's wishes if of suitable age and maturity.

Question 10

Can custody orders be modified after the divorce is final?

Accepted Answer

Yes, custody orders can be modified if there is a substantial and continuing change in circumstances and modification is in the child's best interests. Common grounds include a parent's relocation, changes in work schedule, the child's changing needs, or safety concerns. You must file a petition to modify with the court that issued the original order.

Question 11

What factors disqualify a parent from getting custody in Arizona?

Accepted Answer

No single factor automatically disqualifies a parent, but serious concerns include domestic violence (creates a legal presumption against custody), substance abuse affecting parenting ability, child abuse or neglect, untreated severe mental illness, or a history of interference with the other parent's relationship with the child. Courts weigh all factors together.

Question 12

What is a parenting coordinator and when is one appointed?

Accepted Answer

A parenting coordinator is a neutral professional (often a mental health professional or attorney) appointed to help high-conflict parents resolve day-to-day parenting disputes without returning to court. They may be appointed when parents cannot communicate effectively or frequently litigate minor issues. The coordinator's decisions are usually binding subject to court review.

Question 13

How is child support calculated in Arizona?

Accepted Answer

Arizona uses the Income Shares Model with an official calculator. Both parents' gross incomes, parenting time overnights, health insurance costs, and childcare expenses are entered into the formula. The state provides a free online calculator at www.azcourts.gov/familylaw/childsupportcalculator.

Question 14

How long does child support last in Arizona?

Accepted Answer

Child support typically continues until the child turns 18, or until high school graduation if the child is still in school and under age 19. Support may continue beyond 18 for children with disabilities who cannot become self-supporting.

Question 15

Can child support be modified in Arizona?

Accepted Answer

Yes, either parent can petition for modification when there's a substantial and continuing change in circumstances—typically a 15% or greater change in the support amount when recalculated. Common grounds include job loss, income changes, changes in parenting time, or changes in childcare costs.

Question 16

What happens if the other parent doesn't pay child support?

Accepted Answer

Arizona has robust enforcement mechanisms including automatic wage garnishment, tax refund interception, bank account levies, property liens, license suspension (driver's, professional, and recreational), credit reporting, and contempt of court charges that can result in jail time.

Question 17

Does parenting time affect child support amounts?

Accepted Answer

Yes, parenting time directly impacts child support calculations. The parent with fewer overnights typically pays support to the other parent. As parenting time approaches 50/50, the support amount decreases. The calculation uses precise overnight counts, not percentages.

Question 18

What income is used to calculate child support?

Accepted Answer

Arizona uses gross monthly income from all sources including wages, salaries, commissions, bonuses, overtime, self-employment income, investment income, Social Security benefits, and unemployment benefits. Courts may impute income if a parent is voluntarily unemployed or underemployed.

Question 19

Can child support orders be enforced across state lines?

Accepted Answer

Yes, Arizona participates in the Uniform Interstate Family Support Act (UIFSA), which provides mechanisms for interstate enforcement including wage garnishment in other states, registration of Arizona orders in other jurisdictions, and cooperation through the Federal Parent Locator Service.

Question 20

What is the self-support reserve in Arizona child support?

Accepted Answer

The self-support reserve protects the paying parent's minimum income needed for basic living expenses. If paying the guideline amount would leave the paying parent below this threshold, the court may reduce the support amount to ensure both the child's needs and the parent's basic needs are considered.

Question 21

Can child support be paid directly to the other parent in Arizona?

Accepted Answer

Arizona strongly encourages payment through the Arizona Support Payment Clearinghouse rather than direct payments. Payments through the Clearinghouse are documented and provide proof of payment. Direct payments can lead to disputes about whether payments were made. If you pay directly, always get written receipts and keep detailed records.

Question 22

How are bonuses and overtime included in child support calculations?

Accepted Answer

Bonuses and overtime are generally included in gross income for child support calculations. If bonuses or overtime are regular and predictable, they are averaged into monthly income. If irregular, the court may order a percentage of future bonuses as additional support or use a three-year average. Each parent must disclose all income sources.

Question 23

What happens to child support during summer vacation?

Accepted Answer

Child support payments typically continue unchanged during summer vacation, even if the child spends extended time with the paying parent. The annual overnight count already factors in vacation time. However, if summer parenting time is substantially different from what was calculated, you may petition for a support adjustment based on the new parenting time schedule.

Question 24

Can a new spouse's income affect child support in Arizona?

Accepted Answer

Generally, no. A new spouse's income is not directly included in child support calculations because step-parents have no legal obligation to support stepchildren. However, if remarriage significantly reduces a parent's living expenses, this may indirectly affect the court's analysis in certain circumstances, particularly in deviation requests.

Question 25

How long does a divorce take in Arizona?

Accepted Answer

There is a mandatory 60-day waiting period from the date of service. Uncontested cases can finish in 60-90 days. Contested cases typically take 6-12 months, and complex high-asset divorces may take longer.

Question 26

Does infidelity affect the divorce outcome in Arizona?

Accepted Answer

Generally, no. Arizona is a no-fault state, so infidelity usually does not impact property division or spousal maintenance. However, if marital funds were spent on an affair (dissipation of assets), the court may consider this when dividing property.

Question 27

How much does a divorce cost in Phoenix?

Accepted Answer

Costs vary significantly. Court filing fees in Maricopa County are subject to change (approx. $300-$400 for petitioner). Uncontested divorces typically cost $3,500 flat fee (plus filing fees), while contested divorces can range from $5,000 to $15,000+ depending on complexity.

Question 28

What is the difference between legal separation and divorce in Arizona?

Accepted Answer

Legal separation allows couples to live apart and divide assets while remaining legally married. This may be preferred for religious reasons, health insurance benefits, or uncertainty about divorce. A legal separation can later be converted to divorce if desired.

Question 29

How is property divided in an Arizona divorce?

Accepted Answer

Arizona is a community property state, meaning most property acquired during marriage is divided equally (50/50). Separate property—assets owned before marriage or received as gifts/inheritance—generally remains with the original owner. Courts focus on equitable division of community assets and debts.

Question 30

Do I need a lawyer for an uncontested divorce in Arizona?

Accepted Answer

While not legally required, having an attorney review your agreement is strongly recommended. Even in uncontested cases, there are complex issues regarding property division, retirement accounts, and potential spousal maintenance that can have long-term consequences if not properly addressed.

Question 31

What documents do I need to file for divorce in Arizona?

Accepted Answer

You'll need a Petition for Dissolution of Marriage, Summons, Preliminary Injunction, and financial disclosure forms (Affidavit of Financial Information). If children are involved, you'll also need a proposed Parenting Plan. In Maricopa County, most filings are done electronically through the court's e-filing system.

Question 32

Can I get spousal maintenance (alimony) in Arizona?

Accepted Answer

Arizona courts may award spousal maintenance if you lack sufficient property for self-support, cannot be self-sufficient through employment, contributed to your spouse's education, or had a marriage of long duration. The 2025 Arizona Spousal Maintenance Guidelines provide more standardized calculations based on income disparity and marriage length.

Question 33

Do I need to separate before filing for divorce in Arizona?

Accepted Answer

No, Arizona does not require a period of separation before filing for divorce. You can file for divorce immediately. However, there is a mandatory 60-day waiting period from the date of service before the divorce can be finalized. This waiting period cannot be waived.

Question 34

Does it matter who files for divorce first in Arizona?

Accepted Answer

Generally, no. Arizona is a no-fault state, so filing first does not give you a legal advantage in property division or custody decisions. However, the petitioner (the spouse who files first) gets to present their case first at trial, which some attorneys view as a strategic advantage. Filing first also lets you choose the timing.

Question 35

What are the court filing fees for divorce in Arizona?

Accepted Answer

Court filing fees vary by county. In Maricopa County, the petitioner pays approximately $376 to file, and the respondent pays approximately $287 to file a response. Fee waiver applications are available for those who qualify based on income. Additional fees may apply for motions, subpoenas, and trial exhibits.

Question 36

What is the difference between contested and uncontested divorce?

Accepted Answer

In an uncontested divorce, both spouses agree on all issues including property division, legal decision-making, parenting time, child support, and spousal maintenance. These cases typically resolve in 60-90 days at lower cost. In a contested divorce, spouses disagree on one or more issues, requiring court intervention, discovery, and possibly trial. These cases take 6-18 months and cost significantly more.

Question 37

How do I get an Order of Protection in Arizona?

Accepted Answer

File a petition at any Superior Court or Justice Court in Arizona - no filing fee required. You can file online through AZPOINT or in person. The judge reviews your petition the same day and can issue a temporary order immediately. If the order is granted, the defendant can request a hearing, which must be held within 5 to 10 court days (depending on exclusivity of residence).

Question 38

What's the difference between an Order of Protection and an Injunction Against Harassment?

Accepted Answer

Orders of Protection require a domestic relationship (current/former spouse, cohabitants, people with a child together, romantic partners). Injunctions Against Harassment cover harassment by anyone else (neighbors, coworkers, strangers). Both prohibit contact, but violations of Orders of Protection carry more serious criminal penalties.

Question 39

How does domestic violence affect legal decision-making in Arizona?

Accepted Answer

Arizona law creates a rebuttable presumption against awarding joint custody or unsupervised parenting time to a parent who has committed significant domestic violence. The abusive parent must prove it's in the child's best interests and typically must complete DV treatment before regaining custody.

Question 40

What happens if someone violates an Order of Protection?

Accepted Answer

Violating an Order of Protection is a Class 1 misdemeanor (up to 6 months jail). If the violator has a prior conviction or was armed, it becomes a felony. Call 911 immediately - police must arrest if they have probable cause to believe a violation occurred.

Question 41

Can I get emergency custody if my child is in danger from domestic violence?

Accepted Answer

Yes. You can request emergency custody under [ARFLP Rule 48](/rules/48) if your child's environment poses serious danger. File for emergency relief showing irreparable harm, and the court can issue immediate temporary custody orders without the other parent present. A hearing follows within 10 days.

Question 42

Will I lose my guns if I get an Order of Protection against me?

Accepted Answer

Yes. Federal law prohibits anyone subject to a qualifying domestic violence protective order from possessing firearms. You must surrender all firearms within 24-48 hours of being served. Violation is a federal crime punishable by up to 10 years in prison.

Question 43

How long does an Order of Protection last in Arizona?

Accepted Answer

An Order of Protection in Arizona is valid for one year from the date of service on the defendant. Before it expires, you can petition for renewal if you continue to fear for your safety. There is no limit on how many times an order can be renewed. Emergency protective orders issued by police last until the next court business day.

Question 44

Can I get an emergency protective order after hours?

Accepted Answer

Yes. Emergency protective orders are available 24/7 through law enforcement. Police officers can contact an on-call judicial officer to obtain an emergency order if you are in immediate danger. This temporary order lasts until the next court business day when you can seek a longer Order of Protection from the court.

Question 45

What evidence helps prove domestic violence in court?

Accepted Answer

Helpful evidence includes police reports, photos of injuries, medical records, text messages or voicemails containing threats, witness statements, prior Orders of Protection, criminal records, and your own detailed written account with dates and specifics. The more documentation you have, the stronger your case.

Question 46

Can I drop an Order of Protection in Arizona?

Accepted Answer

Yes, the protected person can request to dismiss or modify an Order of Protection. You must file a request with the court explaining why. The judge will consider whether dismissal is voluntary and may question you to ensure you are not being pressured. Dismissal is not automatic; the court has discretion.

Question 47

How do I get an emergency custody order in Arizona?

Accepted Answer

File an Emergency Motion under [ARFLP Rule 48](/rules/48) at Superior Court with an affidavit explaining the emergency (irreparable harm to child). If the court finds danger, it can issue an immediate temporary order. A hearing must be scheduled within 10 days where both parties can present evidence.

Question 48

What qualifies as a family law emergency in Arizona?

Accepted Answer

Emergencies include: immediate danger to a child (abuse, neglect), imminent parental kidnapping or unauthorized relocation, domestic violence, drug/alcohol endangerment, threats of self-harm affecting child safety, and imminent asset dissipation. The standard is 'irreparable injury' if the court doesn't act immediately.

Question 49

Can I get emergency custody without the other parent knowing?

Accepted Answer

Yes, in true emergencies. Ex parte orders can be issued without the other parent present if immediate danger exists. However, you must attempt to notify them of the hearing if possible, and a full hearing with both parties must occur within 10 days of the emergency order.

Question 50

How long does an emergency custody order last?

Accepted Answer

Emergency orders are temporary and typically remain in effect until the follow-up hearing (within 10 days). At that hearing, the court decides whether to continue, modify, or dissolve the emergency order. Permanent changes require a full hearing on the merits.

Question 51

What happens if I make a false emergency claim?

Accepted Answer

Filing false emergency motions has serious consequences: denial of your motion, payment of the other party's attorney fees ($2,000-$10,000+), damaged credibility with the court, potential custody modification against you for making false allegations, and in extreme cases, perjury charges.

Question 52

Can I stop my ex from leaving the state with my child in an emergency?

Accepted Answer

Yes. If you have evidence your ex plans to relocate without the required 45-day notice, you can file an emergency motion to prevent the move. The court can issue an immediate order prohibiting relocation and requiring passport surrender. If the child was already taken, the court can order immediate return.

Question 53

When can I get an emergency custody order?

Accepted Answer

Emergency custody orders are available when immediate danger to the child exists, such as abuse, neglect, substance abuse creating danger, imminent parental kidnapping, or severe mental health crisis. You must show "irreparable harm" if the court doesn't act immediately. Regular custody disputes don't qualify.

Question 54

How quickly can emergency orders be issued?

Accepted Answer

In true emergencies, courts can act the same day or within 24-48 hours. You file an emergency motion with supporting affidavit, and if the judge finds immediate danger, a temporary ex parte order can be issued without the other party present. A full hearing must follow within 10 days.

Question 55

What evidence do I need for an emergency order?

Accepted Answer

Provide concrete evidence of immediate danger: police reports, photos of injuries, medical records, threatening text messages, witness statements, drug test results, or documentation of dangerous behavior. Vague concerns or past problems without current danger are typically insufficient. The more specific and recent your evidence, the better.

Question 56

How long do temporary emergency orders last?

Accepted Answer

Emergency orders issued ex parte (without the other party present) are temporary and last only until the full hearing, which must occur within 10 days. At that hearing, the court decides whether to continue, modify, or dissolve the emergency order based on evidence from both parties.

Question 57

What can I do if my ex won't pay child support?

Accepted Answer

You have several options: file a contempt action, request wage garnishment through the court, contact Arizona's Division of Child Support Services (DCSS) for enforcement help, or file for license suspension. For contempt, your ex could face fines, makeup time, or even jail.

Question 58

What happens if my ex violates our parenting time order?

Accepted Answer

You can file a contempt motion asking the court to enforce the order. Remedies include makeup parenting time, fines, attorney fee awards, and in serious cases, modification of custody. Document all violations with dates, times, and any communication attempts.

Question 59

Can my ex go to jail for not paying child support in Arizona?

Accepted Answer

Yes. Willful non-payment of child support can result in civil contempt (up to 6 months jail per violation) or criminal contempt. Courts typically use jail as a last resort after other enforcement measures fail, but repeated non-payment can lead to incarceration.

Question 60

How long can back child support be collected in Arizona?

Accepted Answer

There is no statute of limitations on collecting child support arrears in Arizona. Past-due support can be collected indefinitely, including after the child turns 18. Interest accrues at 10% annually on unpaid amounts, and arrears survive the death of the paying parent.

Question 61

Will my ex's tax refund be taken for child support arrears?

Accepted Answer

Yes. Arizona participates in the Federal Tax Refund Offset Program. If arrears exceed $500 for cases receiving public assistance or $150 for non-public assistance cases, tax refunds can be intercepted. State refunds can also be taken.

Question 62

Can a driver's license be suspended for non-payment of support?

Accepted Answer

Yes. Under Arizona law, driver's licenses, professional licenses, and recreational licenses can be suspended for child support that is at least six months in arrears. The threat of suspension often motivates payment.

Question 63

What can the court do if someone violates a custody order?

Accepted Answer

Courts can hold the violator in contempt, order makeup parenting time, impose fines, award attorney fees to the aggrieved parent, modify the custody arrangement, or in extreme cases, order jail time. Repeated violations may lead to a change in primary custody. Document all violations carefully.

Question 64

Can I get attorney fees for enforcement actions in Arizona?

Accepted Answer

Yes. Arizona courts routinely award attorney fees to the prevailing party in contempt and enforcement actions. If you successfully prove a willful violation, the court can order the violating party to pay your reasonable attorney fees and costs incurred in bringing the enforcement action.

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Frequently Asked Questions

What brings you here today?

Still Have Questions?

I didn't choose family law. I chose the courtroom.

From Crisis to Clarity

What a Good Outcome Looks Like

Every Document. Every Detail. Me.

No Associate Handoffs

Evidence Mastery

Direct Strategy

Visit Us in Phoenix

What Clients Say

I didn't choose family law. I chose the courtroom.

From Crisis to Clarity

What a Good Outcome Looks Like

Every Document. Every Detail. Me.

No Associate Handoffs

Evidence Mastery

Direct Strategy

Visit Us in Phoenix

What Clients Say

I didn't choose family law.
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