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. § 25-328When 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.