Joint Custody Now Presumed in Arizona

In the last legislative session, the Arizona legislature amended Arizona Revised Statute § 25-103. That statute now declares that it is the “public policy of this state and the general purpose of this title that absent evidence to the contrary, it is in the child’s best interest: (1) to have substantial, frequent, meaningful and continuing parenting time with both parents. (2) to have both parents participate in decision making about the child.”

This new statute apparently creates a presumption in favor of joint custody in Arizona. At a minimum, there is now a presumption in favor of joint legal custody (shared decision-making). It is possible that some judges will also construe this statute as creating a presumption in favor of equal time with both parents absent a showing that equal time is contrary to the child’s best interests.

The statute goes on to mandate that “a court shall apply the provisions of this title in a manner that is consistent with this section.” In short, Arizona Family Court judges are now required to apply the child custody and other marital and other domestic relations statutes in Title 25 in a matter that is consistent with A.R.S. § 25-103, as amended.