A.R.S. 25-905
Temporary orders for support and spousal maintenance
A husband or wife may file a petition for legal separation or a petition for dissolution of covenant marriage at any time. The court may enter temporary orders pursuant to section 25-315 at any time after a petition for legal separation or a petition for dissolution has been filed pursuant to this chapter.
Explanation: Even though it is more difficult to obtain a divorce in a covenant marriage, you or your spouse can file for a domestic action (divorce, separation, etc.) at any point.
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A.R.S. 25-401
Jurisdiction; commencement of proceedings
A. Jurisdiction for child custody proceedings is governed by chapter 8 of this title.
B. A child custody proceeding is commenced in the superior court:
1. By a parent, by filing a petition for either of the following:
(a) Dissolution or legal separation.
(b) Custody of a child born out of wedlock if there has been a prior establishment of maternity or paternity.
2. By a person other than a parent, by filing a petition for custody of the child in the county in which the child is permanently resident or found, but only if the child is not in the physical custody of one of the child's parents.
3. At the request of any person who is a party to a maternity or paternity proceeding pursuant to chapter 6, article 1 of this title.
Explanation: The Arizona trial courts (superior courts) handle child custody cases. If you have a child, a custody proceeding will be started if you file for divorce or separation. If you have any children from before marriage. Also, someone like a relative can file a custody petition, if the child doesn't live with either parent.
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A.R.S. 25-402
Definitions
In this article, unless the context otherwise requires:
1. "Joint custody" means joint legal custody or joint physical custody, or both.
2. "Joint legal custody" means the condition under which both parents share legal custody and neither parent's rights are superior, except with respect to specified decisions as set forth by the court or the parents in the final judgment or order.
3. "Joint physical custody" means the condition under which the physical residence of the child is shared by the parents in a manner that assures that the child has substantially equal time and contact with both parents.
4. "Parenting time" means the condition under which a parent has the right to have a child physically placed with the parent and the right and responsibility to make, during that placement, routine daily decisions regarding the child's care consistent with the major decisions made by a person having legal custody.
5. "Sole custody" means the condition under which one person has legal custody.
Explanation: Definitions in statute will serve to explain what certain terms means as you read the law.
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A.R.S. 25-403
Custody; best interests of child
A. The court shall determine custody, either originally or on petition for modification, in accordance with the best interests of the child. The court shall consider all relevant factors, including:
1. The wishes of the child's parent or parents as to custody.
2. The wishes of the child as to the custodian.
3. The interaction and interrelationship of the child with the child's parent or parents, the child's siblings and any other person who may significantly affect the child's best interest.
4. The child's adjustment to home, school and community.
5. The mental and physical health of all individuals involved.
6. Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent.
7. Whether one parent, both parents or neither parent has provided primary care of the child.
8. The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody.
9. Whether a parent has complied with chapter 3, article 5 of this title.
10. Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02.
B. In a contested custody case, the court shall make specific findings on the record about all relevant factors and the reasons for which the decision is in the best interests of the child.
Explanation: When determining child custody, the court will make the decision after looking at a variety of factors that are indicated above. The judge may make the final call, but you can still plead your case and emphasize the list above.
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