How To File for Custody of a Child in Arizona

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Last Modified on Aug 08, 2025

Filing for child custody can be a difficult experience. It can be emotionally taxing, economically straining, and can create understandable fears for the future. During such experiences, information is key. If you are involved in family court litigation and find yourself considering filing for custody of a child, you may wonder how to file for custody of a child in Arizona.

About Us

At Lazenby Law Firm, we have been assisting the people of Arizona for years with experienced, vigorous, and forthright advocacy. Founded by Christopher Lazenby, we approach our clients with an understanding that every case is unique and are determined to provide sound support through the often difficult experience of family court.

Legal Decision and Parenting Time

Typically, Arizona child custody cases are considered within the context of shared custody. This is often regarded as the ideal framework for child custody issues and is crucial to understand, as it encompasses concepts that influence the awarding of sole custody. The custody is typically determined by two important aspects.

  • Legal decision making: This refers to a parent’s ability to make decisions regarding a child’s life, including healthcare, education, and religious upbringing.
  • Parenting time: This refers to the actual time a parent may spend with their child. This is articulated in an agreed-upon schedule between both parents.

Custody

Custody in Arizona is a broader term that encompasses both the legal decision-making power and parenting time parents have with their child.

  • Sole custody: Sometimes referred to as “full” custody, this describes a situation where one parent has the authority to make legal decisions for their child’s upbringing and how their parenting time is scheduled. This does not mean that parents cannot discuss their child’s upbringing or schedule, but it does mean that when it comes time to make a decision, only one parent has the legal authority to do so.
  • Joint custody: This is an arrangement where decision-making and parenting time responsibilities are shared between two parents. This situation is often accompanied by a parenting plan, which both parents must submit to the court as evidence of mutual agreement.

While courts will, in most cases, follow plans submitted by parents who have reached an agreement, it is essential to remember that ultimately, the decision-making power rests with the courts.

Filing for Full Custody

You can file for full custody by submitting a Parenting Plan (Form DRCG11F) along with other relevant materials to the Child Court in the county where the child resides. When the other parent agrees with the plan, this can be submitted to the court. However, if the other parent does not agree, the petitioning parent must present a compelling argument to the judge in a child custody trial.

Courts prioritize the health and safety of children, and they scrutinize any history of harm, neglect, or abuse on the part of a parent, as well as their mental fitness. They also consider a child’s broader relationship with a parent, including the amount of time they spend together and the nature of their daily lives.

It is essential to remember that Arizona courts generally favor some form of cohesion between parents and children, so when filing, be sure to have compelling evidence. These can include things like school and medical records, evidence of joint activities participated in with the child, and any photographs and video recordings that support your claims.

Why Choose Lazenby Law Firm?

When hiring a child custody lawyer, it is critical to have experienced counsel. Christopher Lazenby has been assisting the people of Arizona for years in navigating the complexities of family law, offering guidance on how to manage family disputes and build strong cases. Lazenby Law Firm can assist clients in gathering critical information to build a strong case, negotiate compromises, and construct effective parenting plans.

FAQs

How Much Does It Cost to File for Custody in Arizona?

While the costs vary depending on the county, the submission of a parenting plan that establishes custody usually costs around $200. Other forms, such as those for the dissolution of a marriage, protective orders, and responses to other motions, may increase the total cost of a filing from several hundred to more than a thousand dollars.

Who Wins Most Child Custody Cases?

The parent who can demonstrate their ability to care for a child is the one who typically is granted custody. A 2018 study by the US Census Bureau found that around 80% of custodianships were awarded to mothers. However, this does not necessarily mean that custody is gender-based. It is necessary for a parent to demonstrate to the court their viability for retaining sole custody in accordance with child custody laws.

What Are the Grounds for Full Custody of a Child in Arizona?

While there is no specific framework put forth, there are several conditions that are considered important when courts decide custody in Arizona. These include factors like a parent’s fitness to provide for the child, as well as any history of neglect or abuse. Beyond this, factors such as a parent’s connection with a child, the stability of a child’s home life, and the parent’s ability to foster a nurturing environment are all considered in custody cases.

What Should You Say to a Judge to Get Custody?

When speaking with a judge in a child custody case, it is important to present your argument clearly and effectively. Have a clear plan prepared for the child’s development, speak about the activities that you share in, and stay calm and composed when articulating why you should have sole custody.

Hire A Child Custody Lawyer

Full custody for one parent is not an uncommon arrangement. Recent statistics have shown that 45% of family households in Arizona are run by a single parent. Navigating the child custody process can be difficult. It is important to have experienced counsel from a child custody attorney with a track record of success. At Lazenby Law Firm, we are prepared to stand by your side and assist you throughout this process. Contact us today to discover how we can assist you.

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