The Best Interest of the Child in the State of Arizona

Abstract

This thesis explores current and historical child custody laws in the State of Arizona and how they have correlated with child development theories. It discusses the impact child development theories have had on Arizona child custody cases. Additionally, it includes an overview of early Arizona Supreme Court cases and the implications it has on the best interest of the child. The thesis also provides insight to problems with Arizona courts and the actors involved with making the decision for the best interest of the child. The investigation demonstrates a disconnection between judicial discretion and the best interest of the child standard. An example from the United States Supreme Court case Troxel v Granville (1999) is reviewed to illustrate how courts discretion, in general, can be misused. Overall, court discretion in Arizona is liberal and the impact it has on child custody decisions can sometimes conflict with the best interest of the child.