25-406. Investigations and reports
A. In contested legal decision-making and parenting time proceedings, and in other custody proceedings if a parent or the child's custodian so requests, the court may order an investigation and report concerning legal decision-making or parenting time arrangements for the child. The investigation and report may be made by the court social service agency, the staff of the juvenile court, the local probation or welfare department or a private person. The report must include a written affirmation by the person completing the report that the person has met the training requirements prescribed in subsection C of this section.
B. If an investigation and report are ordered pursuant to this section or if the court appoints a family court advisor, the court shall allocate cost based on the financial circumstances of both parties.
C. The court shall require a court appointed attorney for a child, a court appointed advisor or any person who conducts an investigation or prepares a report pursuant to this section to receive training that meets the following minimum standards:
1. Six initial hours of training on domestic violence.
2. Six initial hours of child abuse training.
3. Four subsequent hours of training every two years on domestic violence and child abuse.
D. A person who has completed professional training to become licensed or certified may use that training to completely or partially fulfill the requirements in subsection C of this section if the training included at least six hours each on domestic violence and child abuse and meets the minimum standards. Subsequent professional training in these subject matters may be used to partially or completely fulfill the training requirements prescribed in subsection C of this section if the training meets the minimum standards.
E. A physician who is licensed pursuant to title 32, chapter 13 or 17 is exempt from the training requirements prescribed in subsection C of this section.
F. In preparing a report concerning a child, the investigator may consult any person who may have information about the child or the child's potential legal decision-making and parenting time arrangements.
G. The court shall mail the investigator's report to counsel at least ten days before the hearing. The investigator shall make available to counsel the names and addresses of all persons whom the investigator has consulted. Any party to the proceeding may call for examination of the investigator and any person consulted by the investigator.
Notes of Decisions
Cited in
13
cases (
9 in the last 5 years), 2003–2025 · leading case:
Hays v. Gama, 67 P.3d 695 (Ariz. 2003).
Hays v. Gama, 67 P.3d 695 (Ariz. 2003).
· cites it 4× “2002) (allowing superior court to seek professional advice on child custody issues); see also A.R.S. § 25-406 (2000) (providing for investigations and reports on child custody issues).”
Dion v. Wright (Ariz. Ct. App. 2023).
· cites it 5× “decision) (noting the superior court’s “broad discretion when apportioning community property and debts” including under § 25-406). D. Husband’s Valuation Expert ¶21 In August 2020, Wife filed a motion in limine seeking to preclude Husband’s expert, Lynton Kotzin, from…”
Andaloro v. Andaloro (Ariz. Ct. App. 2021).
· cites it 4× “¶30 The superior court may order an investigation by an independent expert as to legal decision-making and parenting time, A.R.S. § 25-406(A), and may order one party to pay the investigator’s fees subject to reallocation at trial, A.”
Demario v. Demario (Ariz. Ct. App. 2016).
· cites it 2× “See A.R.S. § 25-406(B) (2016). ¶17 Lastly, Mother argues the superior court erred by denying her request to allocate to Father a portion of the fees she incurred for supervised parenting time with the child.”
Hope v. Hope (Ariz. Ct. App. 2020).
· cites it 2× “¶7 Mother argues the costs of a therapeutic interventionist must be allocated based on the financial circumstances of the parties under A.R.S § 25-406(B), but the therapeutic interventionist here was appointed under A.”
Smith v. Smith (Ariz. Ct. App. 2021).
· cites it 2× “See A.R.S. § 25-406(B) (courts shall allocate custody evaluator’s fees based on the financial resources of both parties).”
Engstrom v. McCarthy, 411 P.3d 653 (Ariz. Ct. App. 2018).
· cites it 2× “Gaughan's report only after receiving the written affirmations required by A.R.S. § 25-406(A).”
In Re Term of Parental Rights as to A.F. (Ariz. Ct. App. 2024).
· cites it 2× “” ¶13 Meanwhile, pursuant to A.R.S. § 25-406, the superior court appointed investigator Sidney Buckman to conduct a family evaluation.”
Polich v. Polich (Ariz. Ct. App. 2025).
· cites it 2× “Father argues that the court failed to consider the resources of the parties when allocating the costs in violation of A.R.S. § 25-406(B). But Father agreed to split the cost of the CFE equally with Mother, and the superior court found the record showed no significant disparity…”
Larsen v. Rangel (Ariz. Ct. App. 2025).
· cites it 2× “¶3 Mother, Father, and a court-appointed advisor (“CAA”), see A.R.S. § 25-406; Ariz. R. Fam. Law P. 10.”
Morgan v. Morgan (Ariz. Ct. App. 2025).
· cites it 2× “1; A.R.S. § 25-406. ¶4 In March 2024, the superior court approved a stipulated order modifying the parenting plan.”
Cherry v. Mendoza (Ariz. Ct. App. 2023).
“” But Father ignores the plain text of the court’s order appointing the advisor.”
— Ariz. Rev. Stat. § 25-406(A) — 3 cases
Andaloro v. Andaloro (Ariz. Ct. App. 2021).
“¶30 The superior court may order an investigation by an independent expert as to legal decision-making and parenting time, A.R.S. § 25-406(A), and may order one party to pay the investigator’s fees subject to reallocation at trial, A.”
Engstrom v. McCarthy, 411 P.3d 653 (Ariz. Ct. App. 2018).
“Gaughan's report only after receiving the written affirmations required by A.R.S. § 25-406(A).”
Dion v. Wright (Ariz. Ct. App. 2023).
“decision) (noting the superior court’s “broad discretion when apportioning community property and debts” including under § 25-406). D. Husband’s Valuation Expert ¶21 In August 2020, Wife filed a motion in limine seeking to preclude Husband’s expert, Lynton Kotzin, from…”
— Ariz. Rev. Stat. § 25-406(B) — 7 cases
Hays v. Gama, 67 P.3d 695 (Ariz. 2003).
“2002) (allowing superior court to seek professional advice on child custody issues); see also A.R.S. § 25-406 (2000) (providing for investigations and reports on child custody issues).”
Demario v. Demario (Ariz. Ct. App. 2016).
“See A.R.S. § 25-406(B) (2016). ¶17 Lastly, Mother argues the superior court erred by denying her request to allocate to Father a portion of the fees she incurred for supervised parenting time with the child.”
Hope v. Hope (Ariz. Ct. App. 2020).
“¶7 Mother argues the costs of a therapeutic interventionist must be allocated based on the financial circumstances of the parties under A.R.S § 25-406(B), but the therapeutic interventionist here was appointed under A.”
Andaloro v. Andaloro (Ariz. Ct. App. 2021).
“¶30 The superior court may order an investigation by an independent expert as to legal decision-making and parenting time, A.R.S. § 25-406(A), and may order one party to pay the investigator’s fees subject to reallocation at trial, A.”
Smith v. Smith (Ariz. Ct. App. 2021).
“See A.R.S. § 25-406(B) (courts shall allocate custody evaluator’s fees based on the financial resources of both parties).”
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