HB 2296
Initials JH/SR Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
House: GOV DP 6-0-1-0
HB 2296: shared parenting time; presumption; prohibition
Sponsor: Representative Fink, LD 27
House Engrossed
Overview
Changes the factors a court must consider when deciding a parenting time case and specifies
a court may not assume a parenting plan which includes shared parenting time is in the best
interests of the child.
History
In a legal decision-making or parenting time proceeding, the court is required to make a
decision based on the best interests of the child. In these proceedings, both parties are
required to submit a proposed parenting plan that outlines each parent's rights and
responsibilities, practical schedules of parenting time and procedures for review and
communication (A.R.S. §§ 25-403, 25-403.02).
Either party can make a motion for the modification of a legal decision-making or parenting
time decree after a specified time. When making a decision on a modification petition, the
court is required to consider the bests interests of the child, any changes in circumstance
from the original decree and certain factors relating to a parent's military status or
involvement (A.R.S. § 25-411).
Provisions
1. Prohibits a court from assuming that a parenting plan or parenting time schedule, that
reflects shared parenting time, is in the best interests of the child. (Sec. 1, 2, 4)
2. Changes the factors a court must consider regarding the best interest of the child when
determining parenting time to:
1) prioritizing the child and their primary caregiver's bond;
2) preservation of the child's existing schedule; and
3) the wishes of the child if the child is of suitable age and maturity. (Sec. 1)
3. Allows the court, when making a determination of parenting time, to consider:
1) instances of domestic violence, abuse or neglect;
2) whether a parent has a history of substance abuse or current substance abuse;
3) whether a parent has been convicted of false reporting of child abuse or neglect; and
4) whether either parent has intentionally misled the court. (Sec. 1)
4. Mandates the court to make specified factual findings on the record when determining
temporary and final orders in a parenting time case. (Sec. 2)
5. Removes language that entitles a parent, who is not granted legal decision-making, to
frequent, substantial and meaningful contact with the child. (Sec. 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2296
Initials JH/SR Page 2 House Engrossed
6. Removes language requiring that each parent submit a proposed parenting plan if they
are unable to agree on one. (Sec. 3)
7. Removes language instructing the court to adopt a parenting plan that maximizes each
parents parenting time and provides for shared legal decision-making. (Sec. 3)
8. Removes language allowing the court to determine additional factors necessary to
promote the best interest of the child. (Sec. 3)
9. Specifies that serious danger to the child is required to restrict a parent's parenting time
rights. (Sec. 4)
10. Makes technical and conforming changes. (Sec. 1, 2, 3, 4)