How to modify child custody and parenting time in Arizona

Sources last checked 7 November 2026. Information only, not legal advice. This page rests on the text of Arizona Revised Statutes 25-411 (modification of legal decision-making or parenting time), 25-403 (best interests of the child) and 25-408 (parenting time and relocation of a child), as published by the Arizona Legislature on azleg.gov. Arizona’s statutes say “legal decision-making” for what other states call legal custody, and “parenting time” for time with the child. Read what we could not confirm below.

Arizona divorce kit Child custody in Arizona Modifying child support and spousal support in Arizona After your divorce: changing a support or custody order

The short version

In Arizona the court may change a parenting time order “whenever modification would serve the best interest of the child”, but it will not restrict a parent’s time unless it finds that time would “endanger seriously the child’s physical, mental, moral or emotional health”. Under ARS 25-411 a motion to change legal decision-making or parenting time generally cannot be made within one year of the decree, and a request to change legal decision-making must come with an affidavit or verified petition of detailed facts. The court denies the motion unless those papers show adequate cause for a hearing. A request that only changes or clarifies parenting time does not need that affidavit. For changing child support or spousal support instead, see modifying child support and spousal support in Arizona.

The one-year bar and the affidavit

One-year bar, ARS 25-411(A). A person shall not move to modify a legal decision-making or parenting time decree earlier than one year after its date, unless the court allows it on affidavits that there is reason to believe the child’s present environment may seriously endanger the child’s physical, mental, moral or emotional health.
Earlier exceptions for joint legal decision-making. At any time after a joint legal decision-making order, a parent may petition to modify it on evidence that domestic violence, spousal abuse or child abuse occurred since the order. Six months after the order, a parent may petition based on the other parent’s failure to comply with it.
Affidavit or verified petition, 25-411(M). To modify legal decision-making a person submits an affidavit or verified petition of detailed facts supporting the change and gives notice, with a copy, to the other parties, who may file opposing affidavits. “The court shall deny the motion unless” it finds adequate cause for hearing it from the pleadings; if it does, it sets a hearing on why the change should not be granted.
Parenting time only, 25-411(O). Subsection M does not apply if the relief you ask for is modification or clarification of parenting time and not a change of legal decision-making.
Fees for vexatious filings, 25-411(N). The court shall assess attorney fees and costs against a party seeking modification if it finds the action is vexatious and constitutes harassment.

What the court decides

Parenting time, 25-411(J). The court may modify an order granting or denying parenting time whenever that would serve the child’s best interest. It may not restrict a parent’s parenting time unless it finds the time would endanger the child seriously, as quoted above.
Best interests govern both. Under 25-403(A) the court decides legal decision-making and parenting time, “either originally or on petition for modification”, in accordance with the child’s best interests, considering all factors relevant to the child’s physical and emotional well-being.
Safety petitions, 25-411(K). If, after an order is in effect, a parent is charged with a dangerous crime against children, child molestation or an act of domestic violence where the victim is a minor, the other parent may petition for an expedited hearing. Pending that hearing the court may suspend parenting time or change legal decision-making ex parte.
Earlier domestic violence findings, 25-411(L). A parent who committed domestic violence under 25-403.03 and did not rebut the mandatory presumption stays subject to that presumption in any modification proceeding. Whether evidence now exists to overcome it is decided as a preliminary matter, when the court decides whether there has been a sufficient change of circumstances.

The best-interest factors, ARS 25-403

Relationship and adjustment. The past, present and potential future relationship between parent and child; the child’s interaction with parents, siblings and others who may significantly affect the child’s best interest; and the child’s adjustment to home, school and community.
Wishes and health. The wishes of a child of suitable age and maturity, and the mental and physical health of all individuals involved.
Contact with the other parent. Which parent is more likely to allow “frequent, meaningful and continuing contact” with the other parent. This factor does not apply if a parent is acting in good faith to protect the child from witnessing or being a victim of domestic violence or child abuse.
Conduct factors. Whether a parent intentionally misled the court to delay, raise the cost of the case or win a preference; domestic violence or child abuse under 25-403.03; coercion or duress in obtaining an agreement; compliance with the parent education requirements in chapter 3, article 5; and any conviction for false reporting of child abuse or neglect.
Findings. In a contested case the court makes specific findings on the record about all relevant factors and why its decision is in the child’s best interests (25-403(B)).

If a parent wants to move, ARS 25-408

When notice is required. If both parents have joint legal decision-making or parenting time by agreement or order and both live in Arizona, at least forty-five days’ advance written notice is required before a parent relocates the child outside the state or more than one hundred miles within the state. Notice goes by certified mail, return receipt requested, or under the Arizona rules of family law procedure.
The other parent’s window. Within thirty days after notice, the other parent may petition to prevent the relocation. After that, a petition to prevent it may be granted only on a showing of good cause.
Burden and factors. The court decides in the child’s best interests, and the burden of proving them is on the parent seeking to relocate. Factors include those in 25-403, whether the move is made or opposed in good faith, the advantage of the move for the child’s or the custodial parent’s quality of life, compliance with parenting time orders, whether the move leaves a realistic opportunity for parenting time with each parent, the effect on the child’s needs and stability, and the parents’ motives.
Agreed relocation terms. The court may not depart from a parenting plan or written agreement that specifically allows or prohibits relocation unless that term is no longer in the child’s best interests, and there is a rebuttable presumption that such a term is in the child’s best interests.
Short-notice moves and sanctions. Subsection F lets some parents move temporarily on less than forty-five days’ notice for health, safety, employment or eviction reasons. The court sanctions a parent who, without good cause, does not comply with the notice rules, and assesses fees against a parent who unreasonably denies, restricts or interferes with court-ordered parenting time.

Military deployment

Temporary orders, 25-411(D). On motion, after a hearing, the court shall enter a temporary order modifying parenting time or legal decision-making during a deployment if the parent has received notice of a near-term deployment that would materially affect their ability to exercise those rights.
Return to the earlier order. Temporary orders include a transition schedule to return to the predeployment order within ten days after the deployment ends (25-411(H)).

Forms and filing

Statewide form. We did not read an Arizona form for a petition to modify. The statute calls for a petition or motion, plus an affidavit or verified petition when legal decision-making is in play, with notice to the other parent.
Where to file. The superior court that entered your decree is the usual place. Ask that court’s clerk or self-service center about forms, fees and local rules; see child custody in Arizona.

What we could not confirm

The “change in circumstances” test. ARS 25-411 refers in passing to “a sufficient change of circumstances” in subsection L and uses the word “unanticipated” in subsection C, but the statute text we read does not set out a general test for how much change is required before the court reaches best interests. That is developed in case law, which we did not read.
Case law. We read no Arizona appellate decision, so we cannot say how courts apply the adequate-cause standard, treat a relocation request as a change of circumstances, or weigh the factors.
Other statutes. We did not read ARS 25-403.01 to 25-403.06 (including the domestic violence section 25-403.03 and the parenting plan rules), 25-401, the interstate custody jurisdiction act, or the rules of family law procedure.
Forms, fees and procedure. We did not confirm a statewide form, filing fees, fee waivers, mediation or conciliation requirements, or local court rules.

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