Arizona Revised Statutes

Ariz. Rev. Stat. § 25-328 (2026)

Sequence of trials when custody or parenting time is an issue

✓ current as of May 2026

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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.

Notes of Decisions

Cited in 5 cases, 1979–2019 · leading case: In Re the Marriage of Hinkston, 653 P.2d 49 (Ariz. Ct. App. 1982).

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In Re the Marriage of Hinkston, 653 P.2d 49 (Ariz. Ct. App. 1982). · cites it 46× “For the first time in the reply brief, the appellant raises the issue that the trial court did not comply with A.R.S. § 25-328, which provides as follows: § 25-328.”

Estes v. Superior Court, 672 P.2d 180 (Ariz. 1983). · cites it 19× “During oral argument of the motion and for the first time, petitioner argued that the trial judge had violated the provisions of A.R.S. § 25-328 which require in all cases where custody or visitation are contested issues, all other issues including the amount of child support…”

Marce v. Bailey, 636 P.2d 1225 (Ariz. Ct. App. 1979). · cites it 26× “Of the many separate issues raised by the appellant in this appeal, the most significant legal question concerns whether A.R.S. § 25-328 required the court in this post-decree proceeding to hold a separate hearing on issues relating to custody and visitation.”

Estes v. Superior Court, in & for Maricopa, 672 P.2d 180 (Ariz. 1983). · cites it 19× “During oral argument of the motion and for the first time, petitioner argued that the trial judge had violated the provisions of A.R.S. § 25-328 which require in all cases where custody or visitation are contested issues, all other issues including the amount of child support…”

Johnson v. Malone (Ariz. Ct. App. 2019). · cites it 2× “of support orders"); see also A.R.S. §§ 25-328 (2019), -509 (2019), 46-295 (2019) and -407 (2019) (collectively establishing a process by which State may intervene in a child-support matter involving family receiving public assistance; commissioner decides issue after the…”

— Ariz. Rev. Stat. § 25-328(A) — 1 case

Marce v. Bailey, 636 P.2d 1225 (Ariz. Ct. App. 1979). “Of the many separate issues raised by the appellant in this appeal, the most significant legal question concerns whether A.R.S. § 25-328 required the court in this post-decree proceeding to hold a separate hearing on issues relating to custody and visitation.”

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