As with other cases, custody and parenting time can only be legally decided by the Superior Court. The court must decide custody and parenting time based on the best interests of the child. If a court case to establish paternity has been started in the Superior Court, the court automatically decides custody and parenting time matters. If paternity has been established by voluntary process through the court, the Arizona Department of Health Services or the Department of Economic Security hospital paternity program, one of the parents must file a specific request with the court to have custody or parenting time legally decided.
