You can file a petition for legal decision-making and parenting time (custody) either in the civil court or, if you are going through a divorce, in the superior court where the divorce case is being heard.  Most often, legal decision-making and parenting time (custody) decisions are made by a judge when the parents are seeking a legal separation or divorce, or when the parent(s) are asking the court to change a legal decision-making and parenting time (custody) decision that was made in an earlier separation or divorce case.  Legal decision-making and parenting time decisions may also be ordered when one parent files a paternity or maternity petition.¹

¹ A.R.S. § 25-402(B); see also Arizona Supreme Court, Planning for Parenting Time: Arizona’s Guide for Parents Living Apart (2009)