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What Does Best Interest of the Child Mean in Arizona

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 Best Interest of the Child 

When it comes to matters of child custody and support in Arizona, the best interest of the child is always the top priority for family courts.

Under section 25-403 of the Arizona Revised Statutes, the court considers various factors to determine what is in the best interest of the child when making decisions regarding custody and support.

We will cover the following topics

The legal definition of “best interest of the child” in Arizona is primarily outlined in Arizona Revised Statutes (ARS) §25-403. This statute provides a framework for judges when making decisions about parenting time and custody.

The law requires that all court decisions concerning children must prioritize the child’s best interests above all else, ensuring decisions promote their emotional and physical health, and overall welfare.


Best Interest Factors 

Under ARS §25-403, several factors contribute to defining the best interest of the child in Arizona, including, but not limited to:

  • The emotional and physical health of the child.
  • The child’s relationship with each parent.
  • The adjustment of the child to home, school, and community.
  • The wishes of the child if of suitable age and maturity.
  • The mental health of each parent.
  • Any evidence of domestic violence or child abuse.

These factors help the court assess what will best serve the child’s needs and how each parent supports those needs.


In Arizona, the principle of the “best interest of the child” critically shapes legal decision-making in family law, especially in matters concerning custody (legal decision-making authority) and parenting time. 


Legal Decision-Making Authority and Parenting Time

When determining legal decision-making authority, which encompasses decisions about the child’s education, health care, and religious practices, Arizona courts strive to place the child in an environment that promotes their best interests.

For example, consider a case where one parent has significantly more stable living conditions and a supportive community network than the other. The court may award this parent primary legal decision-making authority, believing it better supports the child’s educational and emotional development.

Similarly, in deciding parenting time, the court examines which arrangement will most benefit the child.

If a child has been raised in a neighborhood all their life, maintaining stability might involve granting more parenting time to the parent who continues to reside in the same area. This minimizes disruptions in the child’s social and educational environment, a key component of their best interest.


Modifications and Dispute Resolution

Modifications to existing orders also hinge on the best interest standard. A parent requesting a change in parenting time must demonstrate not only a significant change in circumstances but also that the new arrangement serves the child’s best interests.

For instance, if a parent needs to relocate due to a job change, the court will consider how the relocation impacts the child’s access to education, community, and the non-moving parent.

Disputes between parents are particularly challenging. Courts prioritize minimizing the child’s exposure to conflict because of the recognized impact parental conflict can have on a child’s psychological well-being. A solution often employed includes detailed parenting plans that specify exchange times and locations to reduce potential conflicts.


Practical Examples in Court Decisions

In practical terms, if a parent or parents show a history of coercion or inability to resolve conflicts, the court might favor an arrangement that limits the child’s exposure to such disputes. For example, the court might decide that the parent more likely to allow peaceful and meaningful contact with the other parent should have greater decision-making authority.

Additionally, considerations such as the person who may significantly affect the child’s development are taken into account, especially in cases involving new partners or extended family members.

In sum, the “best interest of the child” standard fundamentally guides all aspects of legal decision-making related to children in Arizona’s family law system. Judges meticulously apply this standard to ensure that each decision promotes the best possible outcome for the child, taking into account a variety of factors from the child’s current and future needs, the parents’ capabilities, and the family’s overall dynamics

Role of Child’s Preference in Legal Decisions

In Arizona family law, a child’s preference is a significant factor under the “best interest of the child” standard, particularly in decisions regarding custody and parenting time.

According to Arizona Revised Statutes (ARS) §25-403, the court considers the wishes of a child along with other critical factors, but the weight given to these wishes can vary greatly depending on the child’s age and maturity.

While there is no specific age at which a child can decisively choose which parent to live with, generally, the preferences of older and more mature children are given more consideration.

Judges evaluate whether the child understands the implications of their preference and ensure that this preference is free from parental coercion or manipulation.

Children’s preferences are typically gathered through interviews conducted by court-appointed specialists who ensure that the child’s voice is heard without direct involvement in courtroom proceedings.

In summary, while children in Arizona do not have the unilateral right to decide their living arrangements, their preferences are increasingly influential as they grow older and demonstrate maturity. 

Evaluation Process for Determining Best Interest

The process of determining the “best interest of the child” in Arizona involves a structured and detailed evaluation, primarily centered around comprehensive assessments conducted by professionals such as child psychologists, social workers, or independent evaluators.

These experts are tasked with gathering extensive data on the family’s dynamics, the child’s environment, and the interaction between the child and each parent. Here’s a closer look at how this process unfolds:

Expert Assessments:

  • Home Visits: Evaluators conduct visits to the residences of both parents to observe the living conditions and the child’s well-being in each setting.
  • Interviews: Structured interviews with the child, each parent, and sometimes other family members help assess the nature of relationships and the emotional and psychological impact of each parent on the child.
  • Observations: Evaluators observe interactions between the child and each parent during scheduled visits to understand the dynamics of their relationships.

Analysis of the Child’s Integration:

  • Community and School Adjustment: The child’s adjustment to their school and community is evaluated to determine how changes in custody might affect their social and educational development.
  • Mental and Physical Health: Evaluations include an assessment of the child’s and parents’ mental and physical health, crucial in making informed custody decisions.

Review of Parental Interaction:

  • Encouragement of Contact: A significant factor is which parent is more likely to encourage a positive relationship and frequent contact with the other parent.
  • Parental Involvement: The extent of each parent’s involvement in the child’s educational activities and daily needs is closely examined.
  • History of Abuse or Neglect: Any evidence of past child abuse or neglect is critically important and heavily influences the outcome of the custody decision.

Comprehensive Reporting:

  • Expert Recommendations: After completing their assessments, evaluators compile detailed reports that outline their findings and provide recommendations for the custody arrangements that best serve the child’s interests.
  • Legal Considerations: These reports are integral to the judicial process, helping the court make informed decisions that focus on the child’s best welfare.

This evaluation process ensures that all decisions related to custody and parenting time are made with a deep understanding of the child’s needs, the parental abilities, and the overall family situation.


Stephanie Villalobos, LP

Get Help From Our Family Law Legal Paraprofessionals 

At De Novo Law, our team of legal paraprofessionals specializes in handling a wide range of family law cases that hinge on the “best interest” standard as set forth by Arizona law. This includes intricate matters such as child custody, parenting time, and child support, all of which are assessed under the guidelines of ARS §25-403.

Our licensed legal paraprofessionals offer a cost-effective solution for families needing expert guidance without the expense of full attorney representation. They provide comprehensive services, including the drafting of legal documents, negotiation of parenting plans, and court

For more information about our services or to schedule a consultation, please visit our website at De Novo Law. You can also reach us directly at (480) 725-2200 .

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.


Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

De Novo Law Blog

Divorce Dilemma: Settle or Go to Trial

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Going Through a Divorce Can Be Challenging to Navigate

Learn how different circumstances in a divorce can impact whether you choose to settle or go to trial. Choose from any of the topics below.

  • Can You Get a Divorce Without Going to Court?
  • What is a Divorce or Family Law Trial?
  • What Makes a Divorce Have to Go to Trial?
  • What Happens if My Divorce Goes to Trial?
  • What Should I Expect on the Day of My Divorce Trial?
  • Is it Better to Settle Your Divorce or Go to Trial?
  • Speak With a Legal Paraprofessional Regarding a Divorce Trial


Can You Get a Divorce Without Going to Court?

In Arizona, it is possible to get a divorce without having to attend court proceedings.

This process is known as an uncontested divorce and can be done in a few simple steps. Firstly, both parties must agree on the terms of the divorce, including the division of assets and liabilities, child custody and visitation rights, alimony payments, and more. 

Once these terms have been agreed upon, the couple must complete the necessary paperwork and submit it to their local court for approval. With this formality out of the way, the divorce can be finalized without any further court hearings or legal proceedings.

An uncontested divorce can save time and money compared to traditional methods of going through court proceedings.

What is a Divorce Or Family Law Trial?

A divorce or family law trial is a formal court proceeding that occurs when two parties cannot agree about a divorce or other family-related issues.

During the trial, both sides present their case to the judge, who then decides based on the evidence presented. Both sides can call witnesses and present documents related to the dispute. The judge also considers testimony from any experts called by either side, such as financial advisors or psychologists.

At the end of the trial, the judge will render a verdict and issue orders based on his or her findings. This can include decisions related to child custody, visitation rights, support payments, and the division of assets.

What Makes a Divorce Have to go to Trial?

When a divorce cannot be settled out of court, it must go to trial. This is usually due to a disagreement between the spouses on matters such as child custody, alimony, division of property, etc. In some cases, both parties may agree on certain issues but not all of them, making it necessary for a trial to settle the remaining matters.

Additionally, a trial may become necessary if one party doesn’t respond or participate in the settlement process properly.

Ultimately, when two parties cannot agree, a divorce trial is often needed to reach an acceptable resolution for both sides.

What Happens if a Divorce Goes to Trial?

If a divorce goes to trial in Arizona, both parties will be expected to provide all relevant evidence and testimony to the court. The court will then review this information and decide based on the applicable laws and statutes.

Generally, the court will consider any relevant factors when determining, such as the best interests of any children involved, financial contributions by each party during the marriage, and any other issues pertinent to the case.

Suppose an agreement can’t be reached between the two parties. In that case, a judge will decide on all matters regarding property division, child custody, child support, alimony payments, and other related matters.

The final judgment is typically issued within 30 days of trial, although this time frame may vary depending on the case’s complexity.

Do You Need a Legal Professional for a Divorce Trial?

Yes, you need a paralegal professional or attorney for a divorce trial. They can help protect your rights and interests throughout the process. Also, they can advise on any legal matters that may arise during the proceedings, such as division of property, spousal support, and child custody.

Additionally, they will be able to help you understand the legal implications of any settlement or court order that is presented to you. An experienced legal professional can also provide invaluable assistance in negotiating a fair settlement between both parties.

Tip: If you are seeking information about settling or going to court, consider using a much more affordable alternative to a divorce lawyer and speak with a legal paraprofessional.


What Should I Expect On The Day Of My Divorce Trial?


You should expect to arrive at the court on time on the day of your divorce trial. You may need to bring certain documents with you, such as a financial affidavit and other relevant information.

The trial will start with each party’s attorney introducing themselves and their client. The judge might then ask you questions about the facts of your case and each party’s testimony. The opposing attorney may also ask you questions. After all of the evidence has been presented, the judge will decide and issue an order outlining how assets, debts, and other matters are to be divided between you and your spouse.

Depending on the case’s complexity, this process can take anywhere from one day to several days. It is important to remain calm and focused throughout your trial to accurately answer any questions posed by the judge or attorneys in attendance.


Are Divorce Trials Public?

In Arizona, divorce trials are generally public proceedings. This means that members of the public may attend and observe the trial, although they are not usually allowed to speak or participate in any way. The court will usually allow a limited amount of media coverage of the proceedings as well. While it is possible to request a closed hearing, this is not common, and most requests for privacy in family matters are typically denied.

Generally speaking, if you are involved in a divorce proceeding in Arizona, you should expect your case to be heard in open court with the possibility that it may be reported on.

Is it Better to Settle Your Divorce or Go to Trial?

When deciding whether to settle your divorce or go to trial, it is important to consider both options carefully. Settling your divorce can be beneficial because it often allows for a quicker resolution and can result in fewer costs than if you were to go to trial.

However, going to trial may provide more control over the outcome of your divorce since the court can make decisions about assets, property division, and other important matters that are difficult to negotiate between the two parties.

Ultimately, it comes down to personal preference and what works best for each individual’s situation.

If there is no agreement on any of the issues involved in the divorce, it may be necessary to go to trial; however, if both parties are willing to compromise and find common ground, settling out of court can be a much more efficient option in a divorce case.

Stephanie Villalobos, LP

A step that can be taken if you see yourself facing a divorce trial is to contact an experienced divorce paraprofessional at De Novo Law. The team of legal paraprofessionals will be able to concentrate on the case at hand so that you can easily make major decisions concerning custody arrangements.

Call us today at (480) 660-4414 to schedule your consultation.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice.  De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held.  The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.


Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.