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    A.R.S. § 25-328

    Arizona's Required Order of Issues When Custody Is Contested

    Verified May 17, 2026 • 57th Legislature, 1st Regular Session

    When custody or parenting time is contested, Arizona courts must first hear and decide the other issues, including maintenance and child support, if requested. The rule prevents custody from being used as leverage over financial issues and helps the court focus on the children's best interests separately.

    Title 25, DISSOLUTION OF MARRIAGE

    azleg.gov

    What This Statute Says

    In contested custody cases, judges face the temptation to let financial issues influence parenting decisions, or vice versa. This section requires the court to separate the issues procedurally, hearing the financial questions first if the parties request it.

    A. In all cases when custody or parenting time is a contested issue, the court shall first hear and decide all other issues including maintenance and child support if requested to do so by the petitioner, the respondent or the child's attorney. The request shall be in the form of a written demand filed with a motion to set or a controverting certificate.

    A.R.S. § 25-328

    When This Statute Comes Into Play

    This rule comes into play when:

    • Custody or parenting time is contested in an Arizona dissolution.
    • One or both parties wants the financial issues resolved first to remove that leverage from the custody fight.
    • The petitioner, respondent, or child's attorney files a written demand under the section.

    What This Means for Arizona Families

    Custody fights are emotionally exhausting, and they often go on long after the financial issues could have been resolved. This section gives parents a tool to pull the support and property questions forward, which can lower the temperature of the custody dispute by removing the financial uncertainty.

    If your Arizona dissolution involves a contested custody issue, ask your attorney whether to invoke this section. Our FAQ on how divorce affects your Arizona estate plan covers the parallel estate planning concerns. An Arizona family law attorney working with an estate planning attorney can coordinate the dissolution sequencing with the eventual updates to the revocable living trust, the will, and any guardianship nominations for the children. Many parents take the opportunity to formally nominate a guardian and to set up trusts for the children's eventual inheritance during the dissolution, so the estate plan refresh dovetails with the family law work.

    A. In all cases when custody or parenting time is a contested issue, the court shall first hear and decide all other issues including maintenance and child support if requested to do so by the petitioner, the respondent or the child's attorney. The request shall be in the form of a written demand filed with a motion to set or a controverting certificate. B. On stipulation of the parties, the court shall first hear and decide custody or parenting time issues. C. In the absence of a request or stipulation made pursuant to this section, the court may try any issue separately and in any sequence.

    This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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