ARFLP Rule 5.1. Simultaneous Dependency and Custody Proceedings

(A)  When a pending family law proceeding and a pending dependency proceeding concern the same parties, any party may file a motion to consolidate the proceedings. The court may on its own motion consolidate the proceedings. The motion shall be filed in the juvenile division and a copy shall be provided to the assigned family law division. The assigned juvenile division shall rule on the motion to consolidate. Custody and parenting time issues will be litigated in the juvenile division unless the juvenile division defers jurisdiction to the assigned family law division.

(B)  If the assigned juvenile division determines that a change of custody may result in a dismissal of an adjudicated dependency case, the assigned juvenile division may refer the dependency matter to the assigned family law division for change of custody proceedings or retain the cases in the juvenile division.

(C)  If the juvenile division denies a motion to consolidate and defers jurisdiction of an adjudicated dependency matter to the assigned family law division in a change of custody proceeding, a hearing may be set pursuant to A.R.S. § 25-411(E). The referral to the assigned family law division shall include an order that the assigned family law division has jurisdiction to resolve the custody matter. If the change of custody is granted, the assigned family law division may enter an order dismissing the dependency.

(D)  If the juvenile division finds that the matter is more appropriate for the family law division, the juvenile division may transfer the matter to the family law division.

(E)  During any dependency/guardianship proceeding in the juvenile division, the assigned juvenile division may suspend, modify, or terminate a child support order for current support if the parent entitled to receive the child support no longer has legal or physical custody of the child, and, except in Title IV-D cases may make appropriate orders regarding any past due support or child support arrears. The assigned juvenile division may direct that the wage assignment be quashed or modified.