Best Interests of the Child Factors in Arizona

Every custody decision in Arizona runs through one test: the best interests of the child. Under A.R.S. § 25-403, judges must evaluate eleven specific factors and — in contested cases — make written findings on each one in the court record.

Understanding these factors matters whether you're negotiating a settlement or preparing for trial. Judges use them as a scorecard, and the parent who addresses each factor clearly in their filings and testimony starts with a structural advantage.

The Eleven Statutory Factors

1. Past, Present, and Future Relationship

The court examines the quality of each parent's bond with the child — not just current involvement, but the history of caregiving and the trajectory going forward. A parent who has consistently attended school events, medical appointments, and daily routines has a documented track record. A parent who has been absent but promises future involvement faces a steeper climb.

2. Interrelationship with Parents, Siblings, and Household Members

Judges consider the child's relationships beyond the parents — siblings, step-siblings, grandparents, and anyone else living in the household. The court considers these relationships when evaluating the child's best interests, including whether new partners or roommates present any concerns.

3. Child's Adjustment to Home, School, and Community

Stability matters. A child who is thriving at their current school, has friendships in the neighborhood, and is connected to community activities is less likely to be uprooted. If both parents are proposing different primary residences, the court weighs which environment offers more continuity.

4. Child's Wishes

Arizona law does not set a specific age at which a child can choose where to live. Instead, the judge assesses whether the child is mature enough to express a reasoned preference — one based on their own feelings rather than parental coaching.

To protect children from courtroom pressure, judges typically conduct private, recorded interviews in chambers or delegate the assessment to a custody evaluator through Conciliation Services.

5. Mental and Physical Health of All Individuals

This factor covers every person involved — both parents, the child, siblings, and household members. A parent's mental health diagnosis alone doesn't determine custody. What matters is whether the condition is managed and whether it affects parenting capacity.

6. Which Parent Will Facilitate Contact

This is often called the "friendly parent" factor. The judge evaluates which parent is more likely to encourage frequent, meaningful contact between the child and the other parent.

A parent who badmouths the other parent in front of the child, blocks phone calls, or makes exchange logistics unnecessarily difficult is at risk of losing ground on this factor.

7. Whether a Parent Intentionally Misled the Court

Filing false financial disclosures, exaggerating claims, or withholding information from the court triggers this factor. Judges take credibility seriously — a parent caught in one lie faces skepticism on every other claim.

8. History of Domestic Violence or Child Abuse

Under A.R.S. § 25-403.03, if domestic violence is proven by a preponderance of the evidence, the court must presume that joint legal decision-making or equal parenting time with the parent who committed the domestic violence is contrary to the child's best interests. That parent bears the burden of rebutting this presumption.

The Alec and Lydia Act (HB 2995), effective June 2026, changed the domestic-violence custody presumption.

9. Coercion or Duress in Reaching an Agreement

If one parent pressured or threatened the other into signing a custody agreement, the court can set aside that agreement. This factor protects victims of domestic violence and financial coercion from being locked into unfair terms.

10. Compliance with the Parent Information Program

When the Parent Information Program requirement applies, each parent must complete the class within the applicable 45-day period. Follow county and provider instructions for the certificate; required certificates are needed before final custody orders.

11. False Reporting of Child Abuse

A conviction for making false reports of child abuse or neglect under A.R.S. § 13-2907.02 is a direct negative factor. This prevents parents from weaponizing the child protective services system.

How to Prepare for a Best-Interests Evaluation

If your case is contested, document how you address each factor:

• Keep records of school involvement, medical appointments, extracurricular activities, and daily caregiving
• Communicate constructively with the other parent in writing (text or email creates a paper trail)
• Complete any required PIP on time — don't give the court a reason to question your compliance
• Avoid disparaging the other parent in front of the child or on social media

The Arizona Child Custody & Parenting Plan Guide includes a best-interests evidence worksheet that maps each factor to the documentation you should be gathering — so nothing gets overlooked when it's time to present your case.

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