• Family Care Plan 
• How Arizona Determines Custody  
• How a Judge Decides Legal Decision-Making and Parenting Time
• How do I File for Custody in Arizona?
• Custody Changes for Military Families in Arizona
• How to Relocate with a Child Once a Custody Order is Already in Place

The purpose of a Family Care Plan is to have something prepared to ensure that the service member’s family is taken care of while they are away. The idea is that this will reduce stress experienced by the service members and their loved ones included in the plan.

In cases where there is a custody order in place, a Family Care Plan for Caregivers may be created to lay out guidelines for the child's caregiver.

Legal decision-making allows parents to choose things like where the child goes to school, medical treatments or medication, and what kind of religious activities the child attends.  

There are two types of legal decision-making: sole or joint.

Parenting time is the scheduled amount of time a parent has to spend with their child. For example, one parent may have the child 3-days a week, while the other has the child 4-days a week. Even if a parent does not have decision making powers, they may still be granted parenting time.

Judges in Arizona are instructed by the state do what is in the best interest of the child when ruling on legal decision-making and parenting time cases. Meaning, the judge will look at the big picture of things and do their best to give both parents a way to play an active role in taking care of the child, but still prioritize the needs of the child. 

The judge will look at many things when deciding legal decision-making and parenting time, here are some of the considerations: 

• Past, present, and possible future relationship between the child and the parent, 
• The child’s adjustment to a new home, school, or community,

• The mental and physical health of the parents,
• If there is history of domestic violence or child abuse, and 
• If a parent participated in a parenting education course. 

Filing should take place in the “home state” of the child. In the perspective of the courts, they are going to consider the home state as the place where the child has been living the most for the past six months. If the child has not been living in their current home for at least six months, the courts may consider the state where the child was born as the home state. The child exiting the state briefly does not change the child’s home state.

If you and your child recently moved to Arizona, you may not be able to file for custody here until you have lived in the state for at least six months. During these six months the other parent may file for custody in the state you came from. For example: 

Yes, a custody agreement is not permanent. A judge can change a custody order, but this can only happen if a substantial change of circumstances may be affecting the wellbeing and health of the child. A change of circumstance not only needs to be proven, but in a lot of cases some time must have passed since custody was first agreed on before it can be changed.

If a parent is in the military and they are deployed or required for training in a different state, this creates a conflict with their responsibilities towards the child or children. 

Once the deployed parent returns, the temporary custody order outlines a specific transition schedule to help return to the pre-deployment custody agreement that was put in place first.  

State law (ARS § 25-408(A)) mentions that if both parents have some type of legal decision-making or parenting time, and both live in Arizona, then either of them can submit a request to relocate with their child.  

No, relocating does not mean a typical change of address. Instead, this refers to a parent who wants to leave the state of Arizona or is moving over one hundred miles away from the non-moving parent.  

Before relocating, the moving parent must tell the other parent, through written notice, of their plan to move. If the parent relocates with the child without notifying the other parent, legal consequences are expected. The notice must be sent over certified mail, return receipt requested. Forms for a modification in a custody agreement can be found at each county’s superior court. 

Before relocating, the moving parent must give the other parent a written notice at least 45 days in advance. When notice is given to the non-moving parent, they are then given 30 days to petition the court to stop the relocation. If that petition is denied, the non-moving parent can still try to stop the relocation by petitioning again, but the courts first decide if the second petition is of good cause.  

There are two ways for a parent who submitted a petition for relocation to move with the child before the 45-day notice period is completed.  

Both options only apply when there is a pending decision about the relocation petition (submitted by moving parent) or when an application to prevent the relocation (submitted by non-moving parent) is waiting to be decided on: 

There needs to be strong reason, that can be proven, of why the moving parent needs to move quickly. It is important to understand that the parent that petitions for relocation is the one responsible to prove how a relocation is also in the best interest of the child.  

When a Judge reviews a relocation petition case, they will look at some of the following: 

• The same considerations they took when first deciding legal decision-making and parenting time; 
• If the relocation comes from a place of evil, to make it harder for the other parent to see the child; 
• Whether the general quality of life of the child moving with the parent would improve from relocating; and 
• If the relocation would still allows the non-moving parent to interact with the child. 

Read all considerations as outlined by state law, ARS § 25-408(I). 

• Service members looking for family and domestic relation assistance, including custody, contact the appropriate installation's legal assistance office through Military Installations. 
• Dealing with custody may force service members and their loved ones to experience a lot of stress and uncertainty. Do not forget to review options available to cope with and adjust during these difficult times. 
• There is support available for divorced spouses of military members.  

Navigating the custody process is even more complex when individuals have a child in common with their abuser. To facilitate the next steps and to have someone experienced dealing with the military, contact an installation domestic abuse victim advocate.