SB1720 - 572R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 25-403, Arizona Revised Statutes, is amended to read:

START_STATUTE25-403. Legal decision-making; best interests of child

A. The court shall determine legal decision-making and parenting time, either originally or on petition for modification, in accordance with the best interests of the child. The court shall consider all factors that are relevant to the child's physical and emotional well-being, including:

1. The past, present and potential future relationship between the parent and the child.

2. 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 interests.

3. The child's adjustment to home, school and community.

4. If the child is of suitable age and maturity, the wishes of the child as to legal decision-making and parenting time.

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. This paragraph does not apply if the court determines that a parent is acting in good faith to protect the child from witnessing an act of domestic violence or being a victim of domestic violence or child abuse.

7. Whether one parent intentionally misled the court to cause an unnecessary delay, to increase the cost of litigation or to 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 pursuant to section 25-403.03.

9. The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding legal decision-making or parenting time.

10. Whether a parent has complied with chapter 3, article 5 of this title.

11. Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02.

12. The child's age, needs and existing parental bonds.

B. In a contested legal decision-making or parenting time case, the court shall make specific findings on the record about all relevant factors and the reasons for which the decision is in the best interests of the child. END_STATUTE

Sec. 2. Section 25-403.01, Arizona Revised Statutes, is amended to read:

START_STATUTE25-403.01. Sole and joint legal decision-making and parenting time

A. In awarding legal decision-making, the court may order sole legal decision-making or joint legal decision-making.

B. In determining the level of legal decision-making that is in the child's best interests, the court shall consider the factors prescribed in section 25-403, subsection A and all of the following:

1. The agreement or lack of an agreement by the parents regarding joint legal decision-making.

2. Whether a parent's lack of an agreement is unreasonable or is influenced by an issue not related to the child's best interests.

3. The past, present and future abilities of the parents to cooperate in legal decision-making about the child to the extent required by the order of joint legal decision-making.

4. Whether the joint legal decision-making arrangement is logistically possible.

C. An order for sole legal decision-making does not allow the parent designated as sole legal decision-maker to alter unilaterally a court-ordered parenting time plan.

D. A parent who is not granted sole legal decision-making or joint legal decision-making is entitled to reasonable parenting time pursuant to section 25-403.11 to ensure that the minor child has substantial, frequent, meaningful and continuing contact with the parent unless the court finds, after a hearing, that parenting time would endanger the child's physical, mental, moral or emotional health. END_STATUTE

Sec. 3. Section 25-403.02, Arizona Revised Statutes, is amended to read:

START_STATUTE25-403.02. Parenting plans

A. If the child's parents cannot agree on a plan for legal decision-making or parenting time, each parent must submit a proposed parenting plan.

B. Consistent with the child's best interests as prescribed in section sections 25-403 and 25-403.11 and sections 25-403.03, 25-403.04 and 25-403.05, the court shall adopt a parenting plan that provides for both parents to share legal decision-making regarding their child and that maximizes their respective parenting time. The court shall not prefer a parent's proposed plan because of the parent's or child's gender.

C. Parenting plans shall include at least the following:

1. A designation of the legal decision-making as joint or sole as defined in section 25-401.

2. A description of each parent's rights and responsibilities for the personal care of the child and for decisions in areas such as education, health care and religious training.

3. A practical schedule of parenting time for the child, including holidays and school vacations.

4. A procedure for the exchanges of the child, including location and responsibility for transportation. The parenting plan must specify when whether the exchange is required to take place at a safe exchange location pursuant to section 25-403.10.

5. A procedure by which proposed changes, relocation of where a child resides with either parent pursuant to section 25-408, disputes and alleged breaches may be mediated or resolved, which may include the use of conciliation services or private counseling.

6. A procedure for periodic review of the parenting plan's terms by the parents.

7. A procedure for parents to communicate with each other about the child, including methods and frequency.

8. A statement that each party has read, understands and will abide by the notification requirements of section 25-403.05, subsection B.

D. If the parents are unable to agree on any element to be included in a parenting plan, the court shall determine that element. The court may determine other factors that are necessary to promote and protect the emotional and physical health of the child.

E. Shared legal decision-making does not necessarily mean equal parenting time. END_STATUTE

Sec. 4. Title 25, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 25-403.11, to read:

START_STATUTE25-403.11. Parenting time; equal time; best interests of child; definition

A. In any parenting time proceeding, the court shall presume that an award of equal parenting time is in the best interests of the child if both of the following apply:

1. Both parents are determined by the court to be fit, willing and able to share equal parenting time.

2. Both parents reside within twenty-five miles of the child's school or other educational setting.

B. The presumption that equal parenting time is in the best interests of the child may be rebutted by clear and convincing evidence. If the court enters a parenting time award that does not include equal parenting time, The court shall make specific findings on the record about all relevant factors and the reasons for which an award of equal parenting time is not in the best interests of the child. In determining that an award of equal parenting time is not in the best interests of the child, the court may consider the following factors:

1. Whether there has been domestic violence or child abuse by either parent.

2. Whether there has been ongoing abuse of drugs or alcohol BY either parent.

3. The mental health of both parents.

4. The geographic location of both parents.

5. Whether there has been interference by one parent with the other parent's relationship with the child.

6. The provisions of section 25-403.05.

C. For the purposes of this section, "equal parenting time" means that each parent is awarded at least forty-five percent of overnight visits with the child annually, allowing for adjustments for holidays, the child's school schedule and the parent's employment. END_STATUTE

Sec. 5. Section 25-404, Arizona Revised Statutes, is amended to read:

START_STATUTE25-404. Temporary orders

A. A party to a legal decision-making and parenting time proceeding may move for a temporary order. This motion must be supported by pleadings as provided in section 25-411. The court may award temporary legal decision-making and parenting time under the standards of section sections 25-403 and 25-403.11 after a hearing, or, if there is no objection, solely on the basis of the pleadings.

B. If a proceeding for dissolution of marriage or legal separation is dismissed, any temporary legal decision-making or parenting time order is vacated unless a parent or the child's custodian moves that the proceeding continue as a legal decision-making or parenting time proceeding and the court finds, after a hearing, that the circumstances of the parents and the best interest of the child require that a legal decision-making or parenting time plan decree be issued.

C. If a legal decision-making or parenting time proceeding commenced in the absence of a petition for dissolution of marriage or legal separation is dismissed, any temporary custody legal decision-making or parenting time order thereby is vacated. END_STATUTE

Sec. 6. Section 25-408, Arizona Revised Statutes, is amended to read:

START_STATUTE25-408. Rights of each parent; parenting time; relocation of child; exception; attorney fees; costs; access to prescription medication and records

A. If by written agreement or court order both parents are entitled to joint legal decision-making or parenting time and both parents reside in the this state, at least forty-five days' advance written notice shall be provided to the other parent before a parent may do either of the following:

1. Relocate the child outside the this state.

2. Relocate the child more than one hundred miles within the this state.

B. The notice required by this section shall be made by certified mail, return receipt requested, or pursuant to the Arizona rules of family law procedure. The court shall sanction a parent who, without good cause, does not comply with the notification requirements of this subsection. The court may impose a sanction that will affect legal decision-making or parenting time only in accordance with the child's best interests.

C. Within thirty days after notice is made, the nonmoving parent may petition the court to prevent relocation of the child. After expiration of this time, any petition or other application to prevent relocation of the child may be granted only on a showing of good cause. This subsection does not prohibit a parent who is seeking to relocate the child from petitioning the court for a hearing, on notice to the other parent, to determine the appropriateness of a relocation that may adversely affect the other parent's legal decision-making or parenting time rights.

D. Subsection A of this section does not apply if provision for relocation of a child has been made by a court order or a written agreement of the parties that is dated within one year of the proposed relocation of the child.

E. If a child is relocated pursuant to this section, unless otherwise ordered by the court, all parties must continue to comply with current court orders, regardless of distance moved or notice required.

F. Pending the determination by the court of a petition or application to prevent relocation of the child:

1. A parent with sole legal decision-making or a parent with joint legal decision-making and primary residence of a child who is required by circumstances of health, safety, employment or eviction of that parent or that parent's spouse to relocate in less than forty-five days after written notice has been given to the other parent may temporarily relocate with the child.

2. A parent who shares joint legal decision-making and substantially equal parenting time and who is required by circumstances of health, safety, employment or eviction of that parent or that parent's spouse to relocate in less than forty-five days after written notice has been given to the other parent may temporarily relocate with the child only if both parents execute a written agreement to permit allow relocation of the child.

G. The court shall determine whether to allow the parent to relocate the child in accordance with the child's best interests. The burden of proving what is in the child's best interests is on the parent who is seeking to relocate the child. To the extent practicable the court shall also make appropriate arrangements to ensure the continuation of a meaningful relationship between the child and both parents.

H. The court shall not deviate from a provision of any parenting plan or other written agreement by which the parents specifically have agreed to allow or prohibit relocation of the child unless the court finds that the provision is no longer in the child's best interests. There is a rebuttable presumption that a provision from any parenting plan or other written agreement is in the child's best interests.

I. In determining the child's best interests, the court shall consider all relevant factors, including:

1. The factors prescribed under section in sections 25-403 and 25-403.11.

2. Whether the relocation is being made or opposed in good faith and not to interfere with or to frustrate the relationship between the child and the other parent or the other parent's right of access to the child.

3. The prospective advantage of the move for improving the general quality of life for the custodial parent or for the child.

4. The likelihood that the parent with whom the child will reside after the relocation will comply with parenting time orders.

5. Whether the relocation will allow a realistic opportunity for parenting time with each parent.

6. The extent to which moving or not moving will affect the emotional, physical or developmental needs of the child.

7. The motives of the parents and the validity of the reasons given for moving or opposing the move, including the extent to which either parent may intend to gain a financial advantage regarding continuing child support obligations.

8. The potential effect of relocation on the child's stability.

J. The court shall assess attorney fees and court costs against either parent if the court finds that the parent has unreasonably denied, restricted or interfered with court-ordered parenting time.

K. Pursuant to section 25-403.06, each parent is entitled to have access to prescription medication, documents and other information about the child unless the court finds that access would endanger seriously endanger the child's or a parent's physical, mental, moral or emotional health. END_STATUTE

Sec. 7. Legislative findings

The legislature finds:

1. That the public policy of this state is to promote the best interests of the child by encouraging frequent, meaningful and continuing contact with both parents following a legal separation or dissolution of marriage.

2. That children benefit emotionally, academically and developmentally when both parents are significantly involved in the child's life.

3. That equal parenting time reduces conflict, fosters stability and safeguards the fundamental rights of both the child and the child's parents.

4. That a rebuttable presumption that equal parenting is in the best interests of the child reduces unnecessary litigation and protects children from adversarial custody disputes.

Sec. 8. Short title

This act may be cited as the "Arizona Equal Shared Parenting Act".