ARS § 25-403.02 - Custody presumption

Overview

Arizona does not have an explicit statutory presumption for equal shared parenting in statute law. However, case law has created a de facto presumption:

  • Woyton v. Ward (2019) - established de facto presumption of equal parenting
  • Smith v. Smith (2022) - affirmed de facto presumption as standard approach
  • Woyton v. Ward, 252 Ariz. 276 (Ct. App. 2019)
  • Smith v. Smith, 254 Ariz. 155 (Ct. App. 2022)

Notes

Longest track record of custody equality among 50/50 states. Heavily cited in family law scholarship due to extensive case law.

Sources