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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
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 requirements relating to the court's decision in awarding or denying equal parenting time.
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 parents who are 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 preponderance of the 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. Requires the court, when determining that an award of equal parenting time is not in the best interests of the child, to:
a) consider the child's age, developmental stage, attachment needs and ability to tolerate frequent transitions between households; and
b) prioritize stability, continuity of care and the child's emotional security, for children of a young age and children with developmental needs.
5. 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.
6. Precludes a presumption of equal parenting time in certain circumstances, including circumstances in which:
a) the court makes a finding of significant domestic violence or finds by a preponderance of the evidence that there has been a significant history of domestic violence;
b) there is a current or prior order of 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, moral or emotional health;
d) a parent has been ordered to complete domestic violence offender treatment, substance abuse treatment, mental health treatment or any other court-ordered intervention, unless the court makes specific written findings that the parent has met prescribed conditions;
e) the child is less than six years old; and
f) the arrangement would be developmentally inappropriate or detrimental to the child.
7. Specifies that the circumstance in which a parent has been ordered to complete an outlined court-ordered intervention does not preclude a presumption of equal parenting time if the court makes specific written findings that the parent has:
a) successfully and fully completed all court-ordered programs;
b) demonstrated meaningful behavioral change;
c) complied with all terms of the court's prior orders;
d) not engaged in any further acts of domestic violence, coercive control, harassment or endangering conduct; and
e) established by clear and convincing evidence that equal parenting time would not endanger the child's physical, mental, moral or emotional health.
8. Adds the child's age, developmental needs and stage, existing parental bonds and attachment relationships, including the child's need for stability, continuity of care and emotional security, to the list of prescribed relevant factors that the court considers when determining legal decision-making.
9. Allows the court to order equal parenting time if both parents voluntarily agree to equal parenting time and the court finds that the agreement is knowing, voluntary and in the child's best interests.
10. Allows the court to consider the child's wishes in approving the parental agreement if the child is of suitable age and maturity.
11. Prohibits the court from ordering equal parenting time over the objection of a child who is of suitable age and maturity, unless the court makes specific findings that the order will not endanger the child.
12. Requires the court to ensure that the child's wishes are freely expressed and are not the result of coercion, pressure or undue influence by either parent.
13. Specifies that the outlined requirements relating to the child's wishes do not prevent the court from approving equal parenting time when both parents agree, and the court finds that the arrangement is safe and in the child's best interests.
14. Specifies that the outlined requirements relating to a presumption of equal parenting time do not limit the court's authority or obligation to protect the child's safety as the primary consideration when determining parenting time.
15. Requires the court to make specific findings that both parents are safe and do not pose a risk of harm to the child before applying a presumption of equal parenting time.
16. 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.
17. 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.
18. Defines fit parent as a parent who has not been found to have committed domestic violence, child abuse or neglect or other conduct that would endanger the child.
19. Contains a statement of legislative findings.
20. Designates this legislation as the Arizona Equal Shared Parenting Act.
21. Makes technical and conforming changes.
22. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Allows the presumption of equal parenting time to be rebutted by a preponderance of the evidence, rather than clear and convincing evidence.
Amendments Adopted by Committee of the Whole
1. Modifies the prescribed relevant factors relating to a child's physical and emotional well-being to include the child's attachment relationships, developmental stage and developmental needs, including the need for stability, continuity of care and emotional security.
2. Requires the court, when determining that equal parenting time is not in the child's best interests, to consider the child's age, developmental stage, attachment needs and ability to tolerate frequent transitions between households.
3. Requires the court to prioritize stability, continuity of care and the child's emotional security, for decisions involving children of a young age or children with developmental needs.
4. Outlines conditions which preclude a presumption of equal parenting time.
5. Allows the court to consider the child's wishes in approving a parental agreement, if the child is of suitable age and maturity.
6. Prohibits the court from ordering equal parenting time over the objection of a child who is of suitable age and maturity, unless the court makes specific findings that the order will not endanger the child.
7. Requires the court to ensure that the child's wishes are freely expressed as outlined.
8. Specifies that the requirements relating to the child's wishes regarding equal parenting time do not prevent the court from approving equal parenting time when specified requirements are met.
9. Requires the court to make a specific finding that both parents are safe and do not pose a risk of harm to the child before applying a presumption of equal parenting time.
10. Removes the requirement that the court consider newly established criteria relating to equal parenting time presumptions when awarding temporary legal decision-making or parenting time.
11. Specifies that the outlined requirements relating to the presumption of equal parenting time do not limit the court's authority or obligation to protect the child's safety as the primary consideration when determining parenting time.
12. Defines fit parent.
13. Makes technical and conforming changes.
Senate Action
JUDE 2/18/26 DPA 6-1-0
Prepared by Senate Research
March 4, 2026
ZD/KS/ci