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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
equal parenting time; best interests
Purpose
Requires the court to presume that equal parenting time is in the best interests of a child when prescribed conditions are met. Outlines factors that the court may consider when determining that an award of equal parenting time is not in the best interests of the child.
Background
A court must determine legal decision-making and parenting time, either originally or on petition for modification, according to the best interests of the child and must consider all prescribed relevant factors to the child's physical and emotional well-being. In a contested legal decision-making or parenting time case the court must make specific findings on the record as to all prescribed relevant factors and the reasons for which the decision is in the best interests of the child. In awarding legal decision-making, the court may order sole or joint legal decision-making. A parent who is not granted sole or joint legal-decision making is still entitled to reasonable parenting time to ensure that the child has substantial frequent, meaningful and continuing contact with the parent, unless, after a hearing, the court finds that parenting time would endanger the child's physical, mental, moral or emotional health (A.R.S. §§ 25-403 and 25-403.01).
Each parent must
submit a proposed parenting plan if the child's parents cannot agree on a plan
for legal decision-making or parenting time. The court must adopt a parenting
plan according to the best interests of the child that provides for both
parents to share legal decision-making and that maximizes their respective
parenting time. The parenting plan must include specified information such as
a: 1) description of each parent's rights and responsibilities regarding the
personal care of the child and decisions including education, health care and
religious training;
2) practical schedule of parenting time for the child, including holidays and
school vacations;
3) procedure for exchanges of the child; and 4) procedure for parents to
communicate with each other about the child, including methods and frequency (A.R.S.
§ 25-403.02).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the court to presume that an award of equal parenting time is in the best interests of the child if both parents are determined by the court to be fit, willing and able to share equal parenting time and reside within 25 miles of the child's school or other educational setting.
2. Allows the presumption of equal parenting time to be rebutted by clear and convincing evidence.
3. Stipulates that, if the court enters a parenting time award that does not include equal parenting time, the court must make specific findings on the record regarding all relevant factors and the reasons for which an award of equal parenting time is not in the best interests of the child.
4. Outlines factors that the court may consider in determining that an award of equal parenting time is not in the best interests of the child, including:
a) whether there has been domestic violence or 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;
d) the geographic location of both parents;
e) whether a parent has interfered with the other parent's relationship with the child; and
f) whether a parent is a registered sex offender or has been convicted of first-degree murder and the victim was the other parent of the child who is the subject of the order.
5. Adds the child's age, needs and existing parental bonds to the list of prescribed relevant factors that the court must consider when determining legal decision-making.
6. Specifies that a parent who is not granted sole legal decision-making or joint legal decision-making is entitled to equal, rather than reasonable parenting time as outlined.
7. Defines equal parenting time as each parent being awarded at least 45 percent of overnight visits with the child annually, allowing for adjustments for holidays, the child's school schedule and the parent's employment.
8. Contains a statement of legislative findings.
9. Designates this legislation as the Arizona Equal Shared Parenting Act.
10. Makes technical and conforming changes.
11. Becomes effective on the general effective date.
Prepared by Senate Research
February 16, 2026
ZD/KS/ci