HB 2606
Initials JL/GC Page 1 Judiciary
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
HB 2606: custody; parenting time; child preference
Sponsor: Representative Parker B, LD 10
Committee on Judiciary
Overview
Requires a court in proceedings to determine legal decision-making and parenting time of a child
to consider the wishes of the child regardless of age or maturity and instructs the court to interview
the child in chambers to ascertain whether the child has been subject to child abuse or domestic
violence and the child's wishes as to the child's custodian and parenting time
History
Current law instructs a court to determine legal decision-making and parenting time in according
with the best interests of the child. To this end, statute outlines a number of factors the court must
consider as 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;
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 A.R.S. § 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 A.R.S. Title 25, Chapter 3, Article 5; and
11) Whether either parent was convicted of an act of false reporting of child abuse or neglect
under A.R.S. § 13-2907.02 (A.R.S. § 25-403).
A court is permitted, but not required, to interview the child in chambers to ascertain if any
domestic violence or child abuse has occurred pursuant to A.R.S. § 25-403.03 and to consider
the child's wishes as to the child's custodian and as to parenting time (A.R.S. § 25-405).
Provisions
1. Instructs a court to consider the wishes of the child regarding legal decision-making and
parenting time regardless of the child's age or maturity. (Sec. 1) HB 2606
Initials JL/GC Page 2 Judiciary
2. Requires, rather than permits, a court to interview a child in chambers to determine whether
the child is a victim of child abuse or domestic violence pursuant to A.R.S. § 25-403.03 and
to consider the child's wishes as to the child's custodian and as to parenting time. (Sec. 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note