|
|
ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: JUDE DPA 6-1-0-0 | Third Read 19-11-0-0-0 |
SB 1720: equal parenting time; best interests
Sponsor: Senator Bolick, LD 2
Committee on Judiciary
Overview
Requires courts to presume that equal parenting time is in the best interests of the child, outlines ways a party may rebut this presumption and provides specific situations where the presumption does not apply.
History
A parent who is not granted sole or joint legal decision-making is entitled to reasonable parenting time to ensure the child has substantial, frequent, meaningful and continuing contact with that parent, unless the court finds after a hearing that parenting time would endanger the child’s physical, mental, moral or emotional health. A parenting time hearing may be requested by a parent or by a nonparent who files a petition for third-party rights (A.R.S. §§ 25-403.01; 25-402).
Statute directs the courts to determine legal decision-making and parenting time in accordance with the best interests of the child and to consider all factors relevant to the child's physical and emotional well-being. In a contested legal decision-making or parenting time case the court is directed to make specific findings on the record about all relevant factors and the reasons for decision (A.R.S. § 25-403).
Statute defines parenting time as the schedule of time during which each parent has access to a child at specified times (A.R.S. § 25-401).
Provisions
1. Directs the court to consider the child's age, developmental stage, developmental needs, and existing parental relationships when determining legal decision-making. (Sec. 1)
2. Removes parenting time from being covered by the legal decision-making statute. (Sec. 1)
3. Instructs the court, in any parenting time proceeding, to presume an award of equal parenting time is in the best interest of the child if both parents are fit parents and if both parents reside within 25 miles of the child's school or other educational setting. (Sec. 4)
4. Requires that the court make specific findings that both parents are safe and do not pose a risk of harm to the child, before applying the aforementioned presumption. (Sec. 4)
5. Allows the aforementioned presumption to be rebutted by a preponderance of the evidence. (Sec. 4)
6. Directs the court, if equal parenting time is not awarded, to make specific findings, on the record, about all relevant factors that contributed to the decision, to include:
a. whether there has been domestic violence of child abuse, by either parent;
b. whether there has been ongoing abuse of drugs or alcohol by either parent;
c. the mental health of both parents; and
d. any interference by either parent upon the other's relationship with the child. (Sec. 4)
7. Directs the court, when considering if equal parenting is in the best interests of the child, to consider:
a. the child's age;
b. developmental stage and needs;
c. existing parental and attachment relationships; and
d. the child's need for stability, care and emotional security. (Sec. 1)
8. Instructs that there is not a presumption of equal parenting time if:
a. the court finds existence of significant domestic violence;
b. there is a current or prior order or protection or injunction against harassment involving the child or other parent;
c. the court finds that equal parenting time would endanger the child's physical, mental or emotional wellbeing;
d. a parent has been ordered to complete domestic violence offender treatment, substance abuse treatment, mental health treatment or any other court-ordered intervention;
e. the child is less then 6 years of age; or
f. the arrangement would be developmentally inappropriate or detrimental to the child. (Sec. 4)
9. Stipulates if both parents' voluntarily agree to equal parenting time and the court finds the agreement to be knowing, voluntary and in the child's best interests, the court can order equal parenting time. (Sec. 4)
10. Requires the court, if the child is of suitable age and maturity, to consider a child's wishes in approving the parental agreement and prohibits it from ordering equal parenting time over the objection of the child, unless the court can make specific findings that the order will not endanger the child. Sec. 4)
11. Specifies that this legislation does not limit the court's authority or obligation to protect the child's safety when determining parenting time. (Sec. 4)
12. Defines pertinent terms. (Sec. 4)
13. Contains legislative findings. (Sec. 5)
14. Specifies that this act may be cited as the Arizona Equal Shared Parenting Act. (Sec. 7)
15. Makes technical and conforming changes. (Sec. 1, 2, 3, 5)
16.
17.
18. ---------- DOCUMENT FOOTER ---------
19. Initials NM/NP SB 1720
20. 3/19/2026 Page 0 Judiciary
21.
22. ---------- DOCUMENT FOOTER ---------