Establish Legal Decision Making (Custody)

Guidelines

  • You are the natural or adoptive parent of the minor child(ren) and,
  • You are not legally married to the other parent and,
    • Paternity has already been established because::
      • You already have a court order establishing paternity, or you have a court order for child support or,
      • Both parents signing an Acknowledgment of Paternity through the Hospital Paternity Program or other means provided by law, and a birth certificate listing the name of the father was issued as a result, and
      • You want a court order concerning your minor children declaring their primary residence, who has authority to make legal decisions concerning the children, time each parenting is to have with the children, and (optionally) child support, or you have a support order already (in which case the court will review the order if it orders custody and legal decision making) and,
      • The minor child(ren) resided (lived) in Arizona at least 6 months (or since birth if younger than 6 months) before you file the petition or you talked to a lawyer who advised you that even so you could pursue the case in Arizona.

If you are legally married to the other parent, you may obtain Legal Decision Making (Custody) as part of an action for legal separation or divorce Arizona Revised Statutes (A.R.S). Section 25-401B

Petition/Response Packets

  1. Establish Custody, Parenting Time, and Child Support (PDF)
  2. Establish Custody, Parenting Time, and Child Support Spanish (PDF)
  3. Response Packet to Establish Custody, Parenting Time, and Child Support (PDF)
  4. Response Packet to Establish Custody, Parenting Time, and Child Support Spanish (PDF)

Individual Forms Step 1

  1. Procedure to file to Establish Legal Decision Making Legal Custody and Child Support (PDF)
  2. Procedure to file to Establish Legal Decision Making Legal Custody and Child Support Spanish (PDF)
  3. Petition to Establish Legal Decision Making (Custody), Parenting Time (Visitation) and Child Support (PDF)
  4. Petition to Establish Legal Decision Making (Custody), Parenting Time (Visitation) and Child Support (Spanish) (PDF)
  5. Summons (PDF)
  6. Summons (Spanish) (PDF)
  7. Preliminary Injunction Custody (PDF)
  8. Preliminary Injunction Custody (Spanish) (PDF)
  9. Parent Information Program Order and Notice (PDF)
  10. Parent Information Program Order and Notice (Spanish) (PDF)
  11. Family Department Sensitive Data Coversheet (PDF)
  12. Family Department Sensitive Data Coversheet (Spanish) (PDF)

Individual Forms Step 2

  1. Acceptance of Service (PDF)
  2. Acceptance of Service (Spanish) (PDF)
  3. Affidavit of Service Signature Confirmation (PDF)
  4. Affidavit of Service Signature Confirmation (Spanish) (PDF)

Individual Forms Step 3, Choose One of the Following: Default, Motion to Set or Response

  1. Application for Default (Option for Petitioner Only) (PDF)
  2. Application for Default (Option for Petitioner Only) (Spanish) (PDF)
  3. Notice of Hearing (must be filed with the application of default (PDF)
  4. Notice of Hearing (must be filed with the application of default) (Spanish) (PDF)
  5. Motion to Set for Trial (PDF)
  6. Motion to Set for Trial (Spanish) (PDF)
  7. Response to Establish Custody (Option for Respondent Only) (PDF)
  8. Response to Establish Custody (Option for Respondent Only) (Spanish) (PDF)
  9. Response - Parenting Class Notification for Respondent (to Be Filed Only with the Response) (PDF)
  10. Response - Parenting Class Notification for Respondent (to Be Filed Only with the Response) (Spanish) (PDF)
  11. Response - Family Court Sensitive Cover Sheet (PDF)
  12. Response - Family Court Sensitive Cover Sheet (Spanish) (PDF)
  13. Response - Alternative Dispute Resolution (PDF)
  14. Response - Alternative Dispute Resolution (Spanish) (PDF)

Individual Forms Step 4

  1. Order for Legal Decision Making (Custody), Parenting Time (Visitation) and Child Support (PDF)
  2. Order for Legal Decision Making (Custody), Parenting Time (Visitation) and Child Support (Spanish) (PDF)
  3. Parenting Plan (to be filed with either Decree, if needed) (PDF)
  4. Parenting Plan (to be filed with either Decree, if needed) (Spanish) (PDF)
  5. Child Support Order (to be filed with either Decree, if needed) (PDF)
  6. Child Support Order (to be filed with either Decree, if needed) (Spanish) (PDF)
  7. Child Support Worksheet (to be filed with either Decree, if needed (PDF)
  8. Child Support Worksheet (to be filed with either Decree, if needed (Spanish) (PDF)
  9. Income Withholding Order (to be filed with either Decree, if needed) (PDF)
  10. Income Withholding Order (Example only - file the English Form with either Decree, if needed) (Spanish) (PDF)
  11. Income Withholding Order Instructions (instructions only, do not file with Court) (PDF)
  12. Income Withholding Order Instructions (instructions only, do not file with Court) (Spanish) (PDF)
  13. Current Employer (to Be Filed with Either Decree, if Needed) (PDF)
  14. Current Employer (to Be Filed with Either Decree, if Needed) (Spanish) (PDF)

You may use the child support calculator which will generate the worksheet for you.