ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: GOV DP 6-0-1-0

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2296: shared parenting time; presumption; prohibition

Sponsor: Representative Fink, LD 27

House Engrossed

Overview

Changes the factors a court must consider when deciding a parenting time case and details instructions to the court when deciding specified proceedings.

History

In a legal decision-making or parenting time proceeding, the court is required to make a decision based on the best interests of the child.  In these proceedings, both parties are required to submit a proposed parenting plan that outlines each parent's rights and responsibilities, practical schedules of parenting time and procedures for review and communication (A.R.S. §§ 25-403, 25-403.02).

Either party can make a motion for the modification of a legal decision-making or parenting time decree after a specified time. When making a decision on a modification petition, the court is required to consider the bests interests of the child, any changes in circumstance from the original decree and certain factors relating to a parent's military status or involvement (A.R.S. § 25-411).

Provisions

1.   Changes the factors a court must consider regarding the best interests of the child when determining parenting time to:

1)   the prioritization of the child's bond with their primary caregiver;

2)   the interaction and interrelationship of the child with their parents, siblings and persons who may significantly affect the child's best interests;

3)   preservation of the child's existing schedule; 

4)   the wishes of the child if the child is of suitable age and maturity; and

5)   the safety and well-being of the child. (Sec. 1)

2.   Allows the court, when making a determination of parenting time, to consider:

1)   instances of domestic violence, abuse or neglect;

2)   whether a parent has a history of substance abuse or current substance abuse;

3)   whether a parent has been convicted of false reporting of child abuse or neglect; 

4)   whether either parent has intentionally misled the court;

5)   the child's adjustment to home, school and community; and

6)   the mental and physical health of all individuals involved. (Sec. 1)

3.   Mandates the court to make specified factual findings on the record when determining temporary and final orders in a parenting time case. (Sec. 2)

4.   Removes language that entitles a parent, who is not granted legal decision-making, to frequent, substantial and meaningful contact with the child. (Sec. 2)

5.   Removes language requiring that each parent submit a proposed parenting plan if they are unable to agree on one. (Sec. 3)

6.   Removes language instructing the court to adopt a parenting plan that maximizes each parents parenting time and provides for shared legal decision-making. (Sec. 3)

7.   Removes language allowing the court to determine additional factors necessary to promote the best interests of the child. (Sec. 3)

8.   Specifies that serious danger to the child is required to restrict a parent's parenting time rights. (Sec. 4)

9.   Prohibits a court from assuming that a parenting plan or parenting time schedule, that reflects shared parenting time, is in the best interests of the child when making a decision on a modification petition. (Sec. 4)

10.  Makes technical and conforming changes. (Sec. 1, 2, 3, 4)

11.   

12.   

13.  ---------- DOCUMENT FOOTER ---------

14.                    HB 2296

15.  Initials JH/SR     Page 0 House Engrossed

16.   

17.  ---------- DOCUMENT FOOTER ---------