How to File for Custody in Arizona

Filing for custody in Arizona involves a specific sequence of court forms, fees, and deadlines. Whether you're going through a divorce with children or establishing custody as an unmarried parent, the process runs through the Superior Court in the county where the child lives.

Here's exactly how it works.

Before You File: Jurisdiction Requirements

Arizona requires that at least one parent has been a resident of the state for 90 days before filing for divorce. For custody specifically, the child must have lived in Arizona for at least six consecutive months (the "home state" rule under the UCCJEA).

If you've recently moved to Arizona with your child, you may need to wait before the court has jurisdiction. If the child has lived in another state within the past six months, the other state may retain jurisdiction.

Which Petition to File

Your filing path depends on your situation:

Married parents divorcing: File a Petition for Dissolution of Marriage with Minor Children. This combines the divorce and custody proceedings into one case.

Unmarried parents: File a Petition to Establish Legal Decision-Making, Parenting Time, and Child Support under A.R.S. § 25-801. Paternity must be established first — either through a signed Acknowledgment of Paternity or a court order.

Both petitions require a detailed proposed parenting plan (Form DRCVG11f) and a Sensitive Data Sheet.

Filing Fees by County

Fees vary by county. The petitioner's fee is higher than the respondent's:

If you can't afford the filing fee, Arizona offers fee waivers and deferrals under A.R.S. § 12-302. You'll need to demonstrate that your household income falls below 150% of the Federal Poverty Guidelines. The court provides a fee waiver application form — file it alongside your petition.

Serving the Other Parent

After filing, the other parent must be formally served with the petition, summons, and preliminary injunction. You have three options:

• Acceptance of Service — The other parent signs a notarized acceptance (free, if they cooperate)
• Private process server — $60-$150
• County Sheriff — $50-$100

The other parent then has 20 days to respond if served within Arizona, or 30 days if served out of state. If they don't respond, you can file for a default decree.

What Happens After Filing

Once you file, several things happen on a fixed timeline:

Parent Information Program (PIP). Both parents must complete Arizona's mandatory parenting class within 45 days of filing (petitioner) or service (respondent). The class costs $25-$50 per parent and is available online. The court won't sign final orders until both certificates are filed.

Preliminary injunction. An automatic court order takes effect at filing, prohibiting both parents from hiding assets, taking the child out of state without consent, or canceling insurance.

Financial disclosures. Both parties must exchange 12 months of financial records, tax returns, and proposed parenting plans within 40 days of the response. This is mandatory — failure to comply can bar you from introducing evidence at trial.

Resolution conference. The court schedules an Early Resolution Conference (ERC) or Resolution Management Conference (RMC), usually 1-4 months after filing. This is a structured attempt to settle the case before trial. In Maricopa County, ERCs are conducted virtually via Microsoft Teams.

The Timeline from Filing to Final Orders

• Uncontested cases (both parents agree on everything): Minimum 61 days from filing (Arizona's mandatory 60-day waiting period plus one day for the decree signing)
• Contested cases (parents disagree on custody, support, or property): 6-12+ months, depending on whether the case requires a custody evaluation, multiple hearings, or a full trial

Filing Without a Lawyer

Arizona's court system is designed to accommodate self-represented parents. The Maricopa County Law Library Resource Center and similar self-help centers in other counties provide free form packets and procedural instructions.

That said, the forms only capture your decisions — they don't help you make them. What parenting schedule should you propose? How do the eleven best-interests factors apply to your situation? What clauses in your parenting plan will prevent conflict two years from now?

The Arizona Child Custody & Parenting Plan Guide provides the decision framework, schedule worksheets, and parenting plan clause builder that the court's blank forms don't include.

See more Arizona guides →