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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
family court; right to jury
Purpose
Grants a parent the right to request a jury trial to determine parenting
time or legal
decision-making when specified conditions are met.
Background
A court must determine legal decision-making and parenting time in
accordance with the best interests of the child and must consider all relevant
factors to the child's physical and emotional well-being, including: 1) if the
child is of suitable age and maturity, the wishes of the child as to legal
decision-making and parenting time; 2) the past, present and potential future
relationship between the parent and child; 3) the interaction and
interrelationship of the child with the child's parent or parents, the child's
siblings and any other person who may significantly affect the child's best
interest; 4) the child's adjustment to home, school and community; 5) the
mental and physical health of all individuals involved; 6) which parent is more
likely to allow the child frequent, meaningful and continuing contact with the
other parent, except as prescribed for when the parent is acting in good faith
to protect the child from witnessing an act or being a victim of domestic
violence or child abuse; 7) whether one parent intentionally misled the court
to cause an unnecessary delay, increase the cost of litigation or persuade the
court to give a legal
decision-making or a parenting time preference to that parent; 8) whether there
has been domestic violence or child abuse; 9) whether either parent was
convicted of an act of false reporting of child abuse or neglect; 10) the
nature and extent of coercion or duress used by a parent in obtaining an
agreement regarding legal decision-making or parenting time; and 11) whether a
parent has completed the domestic relations educational program on children's
issues requirement. During a contested legal decision-making or parenting time
case the court must make specific findings on the record as to all outlined
relevant factors and the reasons for which the decision is in the best
interests of the child (A.R.S.
§ 25-403).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows
a parent to request a jury trial to determine an award of parenting time or
legal
decision-making if during a parenting time or legal decision-making proceeding
the parent is awarded:
a) less than 35 percent parenting time; or
b) no legal decision-making authority.
2. Requires the jury for a contested parenting time or legal decision-making proceeding to make specific findings on the record according to the prescribed factors relevant to a child's physical and emotional well-being and the reasons why the jury verdict is in the best interests of the child.
3. Requires a jury trial for a contested parenting time or legal decision-making proceeding to take priority over other civil cases.
4. Contains a statement of legislative intent.
5. Becomes effective on the general effective date.
Prepared by Senate Research
January 30, 2026
ZD/KS/ci