Child Custody and Deployment

Child Custody and Deployment

In Arizona, what was known in the past as legal custody is now called “legal decision making” (LDM), while what was known in the past as physical custody is now called “parenting time” (PT).
Under Arizona law, all “legal decision making and parenting time” (LDMPT) matters are determined according to what’s in the child’s “best interest.” The specific factors that the court will consider are listed at A.R.S. § 25-403. If one of the child’s parents is a service member who has a family care plan in place, then the court will consider the terms of that plan when determining what is in the child’s best interest. A.R.S. § 25-411(A).

When can an LDMPT order usually be changed?

As a general rule, a LDMPT (custody) order must be in effect for at least one year before it can be modified (changed), unless one of the child’s parents can show that the child’s current situation poses a danger to the child’s physical, mental, moral, or emotional health. A.R.S. § 25-411(A). However, if a joint LDM order was entered, and one of the parents is not complying with the order and six months have passed since the order went into effect, then the other parent can ask the court to modify it on that basis. A.R.S. § 25-411(A).

Arizona Consequences

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This website has been prepared for general information purposes only. The information on this website is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary from state-to-state or county-to-county, so that some information in this website may not be correct for your situation. Finally, the information contained on this website is not guaranteed to be up to date. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction.

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