| 69 | | - | 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. Parenting time; 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. 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. 1. Prioritization of the child's bond with the child's primary caregiver. 2. preservation of the child's existing schedule to Maintain stability. 3. If the child is of suitable age and maturity, the wishes of the CHILD as to parenting time.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.] [1. Prioritization of the child's bond with the child's primary caregiver. 2. preservation of the child's existing CHILD as to parenting time. 2. Prioritizing the child's bond with the child's primary caregiver. 3. Maintaining stability by preserving the child's existing schedule to Maintain stability. 3. If the child is of suitable age and maturity, the wishes of the CHILD as to parenting time. b. IN making a determination regarding parenting time, the court shall not presume that a parenting plan that reflects shared parenting time between the parties is in the best interests of the child. The court may consider all of the following factors when making a parenting time determination: 1. Whether there has been domestic violence as defined in section 13-3601 or abuse or neglect as defined in section 8-201. 2. Whether either parent has a history of past substance abuse or there is current substance abuse by either parent that impacts the parent's ability to prioritize the child's best interests. 3. Whether either parent has been convicted of an act of false reporting of child abuse or neglect pursuant to section 13-2907.02. 4. 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 parenting time preference to that parent.4. 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 parenting time preference to that parecourt may consider all of the following factors when making a parenting time determination: 1. Whether there has been domestic violence as defined in section 13-3601 or abuse or neglect as defined in section 8-201 of the child. 2. Whether either parent has a history of past substance abuse or there is current substance abuse by either parent. 3. Whether either parent has been convicted of an act of false reporting of child abuse or neglect pursuant to section 13-2907.02. 4. 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 parenting time preference to that p B. C. In a contested legal decision-making or parenting time case, when determining both temporary orders and final orders, 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 decision-making that is in the child's best interests, the court shall consider the factors prescribed in section 25-403, subsection subsections A and B 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 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 or joint legal decision-making is entitled to reasonable parenting time 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 in section 25-403 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. a. 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. 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. 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 communicating 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. b. 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. c. Shared legal decision-making does not necessarily mean equal parenting time. END_STATUTE Sec. 4. Section 25-411, Arizona Revised Statutes, is amended to read: START_STATUTE25-411. Modification of legal decision-making or parenting time; affidavit; contents; military families A. A person shall not make a motion to modify a legal decision-making or parenting time decree earlier than one year after its date, unless the court permits allows it to be made on the basis of affidavits that there is reason to believe the child's present environment may seriously endanger the child's physical, mental, moral or emotional health. At any time after a joint legal decision-making order is entered, a parent may petition the court for modification of the order on the basis of evidence that domestic violence involving a violation of section 13-1201 or 13-1204, spousal abuse or child abuse occurred since the entry of the joint legal decision-making order. Six months after a joint legal decision-making order is entered, a parent may petition the court for modification of the order based on the failure of the other parent to comply with the provisions of the order. A motion or petition to modify an order shall meet the requirements of this section. Except as otherwise provided in this section, if a parent is a member of the United States armed forces, the court shall consider the terms of that parent's military family care plan to determine what is in the child's best interest during that parent's military deployment. B. If the parent with whom the parent's child resides a majority of the time receives temporary duty, deployment, activation or mobilization orders from the United States military that involve moving a substantial distance away from the parent's residence, a court shall not enter a final order modifying parental rights and responsibilities and parent-child contact in an existing order until ninety days after the deployment ends, unless a modification is agreed to by the deploying parent. C. The court shall not consider a parent's absence caused by deployment or mobilization or the potential for future deployment or mobilization as the sole factor supporting a real, substantial and unanticipated change in circumstances pursuant to this section. D. On motion of a deploying or nondeploying, mobilizing or absent military parent, the court, after a hearing, shall enter a temporary order modifying parental rights and responsibilities or parent-child contact during the period of deployment or mobilization if: 1. A military parent who has legal decision-making or parenting time pursuant to an existing court order has received notice from military leadership that the military parent will deploy or mobilize in the near future. 2. The deployment or mobilization would have a material effect on the military parent's ability to exercise parental rights and responsibilities or parent-child contact. E. On motion of a deploying parent, if reasonable advance notice is given and good cause is shown, the court shall allow that parent to present testimony and evidence by electronic means with respect to parenting time or parent-child contact matters instituted pursuant to this section if the deployment of that parent has a material effect on that parent's ability to appear in person at a regularly scheduled hearing. For the purposes of this subsection, "electronic means" includes communication by telephone or video teleconference. F. The court shall hear motions for modification because of deployment as expeditiously as possible. G. If a military parent receives military temporary duty, deployment, activation or mobilization orders that involve moving a substantial distance away from the military parent's residence or that otherwise have a material effect on the military parent's ability to exercise parenting time, at the request of the military parent, for the duration of the military parent's absence the court may delegate the military parent's parenting time, or a portion of that time, to a child's family member, including a stepparent, or to another person who is not the child's parent but who has a close and substantial relationship to the minor child, if the court determines that is in the child's best interest. The court shall not allow the delegation of parenting time to a person who would be subject to limitations on parenting time. The parties shall attempt to resolve disputes regarding delegation of parenting time through the dispute resolution process specified in their parenting plan, unless excused by the court for good cause shown. A court order pursuant to this subsection does not establish separate rights to parenting time for a person other than a parent. H. All temporary modification orders pursuant to this section shall include a specific transition schedule to facilitate a return to the predeployment order within ten days after the deployment ends, taking into consideration the child's best interests. I. A decree or order that a court enters in contemplation of or during the military deployment of a parent outside of the continental United States shall specifically reference the deployment and include provisions governing the legal decision-making or parenting time arrangements, or both, of the minor child after the deployment ends. Either parent may file a petition with the court after the deployment ends to modify the decree or order, in compliance with subsection L of this section. The court shall hold a hearing or conference on the petition within thirty days after the petition is filed. J. The court may modify an order granting or denying parenting time rights whenever modification would serve the best interest of the child, but the court shall not restrict a parent's parenting time rights unless it finds that the parenting time would endanger seriously endanger the child's physical, mental, moral or emotional health. IN granting or denying a requested parenting time modification, the court shall not presume that a parenting time schedule that reflects shared parenting time between the parties is in the best interests of the child. K. If after a legal decision-making or parenting time order is in effect one of the parents is charged with a dangerous crime against children as defined in section 13-705, child molestation as defined in section 13-1410 or an act of domestic violence as prescribed in section 13-3601 in which the victim is a minor, the other parent may petition the court for an expedited hearing. Pending the expedited hearing, the court may suspend parenting time or change legal decision-making ex parte. L. To modify any type of legal decision-making or parenting time order a person shall submit an affidavit or verified petition setting forth detailed facts supporting the requested modification and shall give notice, together with a copy of the affidavit or verified petition, to other parties to the proceeding, who may file opposing affidavits. The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the pleadings, in which case it shall set a date for hearing on why the requested modification should not be granted. M. The court shall assess attorney fees and costs against a party seeking modification if the court finds that the modification action is vexatious and constitutes harassment. N. Subsection L of this section does not apply if the requested relief is for the modification or clarification of parenting time and not for a change of legal decision-making.END_STATUTE |
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| 80 | + | 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; parenting time; 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. 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. b. IN making a determination regarding parenting time, the court shall not presume that a parenting plan that reflects shared parenting time between the parties is in the best interests of the child. B. C. 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 25-403.02, 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 in section 25-403 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. 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. 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 communicating 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. IN making a determination regarding parenting time, the court shall not presume that a parenting plan that reflects shared parenting time between the parties is in the best interests of the child. E. Shared legal decision-making does not necessarily mean equal parenting time. END_STATUTE Sec. 3. Section 25-411, Arizona Revised Statutes, is amended to read: START_STATUTE25-411. Modification of legal decision-making or parenting time; affidavit; contents; military families A. A person shall not make a motion to modify a legal decision-making or parenting time decree earlier than one year after its date, unless the court permits allows it to be made on the basis of affidavits that there is reason to believe the child's present environment may seriously endanger the child's physical, mental, moral or emotional health. At any time after a joint legal decision-making order is entered, a parent may petition the court for modification of the order on the basis of evidence that domestic violence involving a violation of section 13-1201 or 13-1204, spousal abuse or child abuse occurred since the entry of the joint legal decision-making order. Six months after a joint legal decision-making order is entered, a parent may petition the court for modification of the order based on the failure of the other parent to comply with the provisions of the order. A motion or petition to modify an order shall meet the requirements of this section. Except as otherwise provided in this section, if a parent is a member of the United States armed forces, the court shall consider the terms of that parent's military family care plan to determine what is in the child's best interest during that parent's military deployment. B. If the parent with whom the parent's child resides a majority of the time receives temporary duty, deployment, activation or mobilization orders from the United States military that involve moving a substantial distance away from the parent's residence, a court shall not enter a final order modifying parental rights and responsibilities and parent-child contact in an existing order until ninety days after the deployment ends, unless a modification is agreed to by the deploying parent. C. The court shall not consider a parent's absence caused by deployment or mobilization or the potential for future deployment or mobilization as the sole factor supporting a real, substantial and unanticipated change in circumstances pursuant to this section. D. On motion of a deploying or nondeploying, mobilizing or absent military parent, the court, after a hearing, shall enter a temporary order modifying parental rights and responsibilities or parent-child contact during the period of deployment or mobilization if: 1. A military parent who has legal decision-making or parenting time pursuant to an existing court order has received notice from military leadership that the military parent will deploy or mobilize in the near future. 2. The deployment or mobilization would have a material effect on the military parent's ability to exercise parental rights and responsibilities or parent-child contact. E. On motion of a deploying parent, if reasonable advance notice is given and good cause is shown, the court shall allow that parent to present testimony and evidence by electronic means with respect to parenting time or parent-child contact matters instituted pursuant to this section if the deployment of that parent has a material effect on that parent's ability to appear in person at a regularly scheduled hearing. For the purposes of this subsection, "electronic means" includes communication by telephone or video teleconference. F. The court shall hear motions for modification because of deployment as expeditiously as possible. G. If a military parent receives military temporary duty, deployment, activation or mobilization orders that involve moving a substantial distance away from the military parent's residence or that otherwise have a material effect on the military parent's ability to exercise parenting time, at the request of the military parent, for the duration of the military parent's absence the court may delegate the military parent's parenting time, or a portion of that time, to a child's family member, including a stepparent, or to another person who is not the child's parent but who has a close and substantial relationship to the minor child, if the court determines that is in the child's best interest. The court shall not allow the delegation of parenting time to a person who would be subject to limitations on parenting time. The parties shall attempt to resolve disputes regarding delegation of parenting time through the dispute resolution process specified in their parenting plan, unless excused by the court for good cause shown. A court order pursuant to this subsection does not establish separate rights to parenting time for a person other than a parent. H. All temporary modification orders pursuant to this section shall include a specific transition schedule to facilitate a return to the predeployment order within ten days after the deployment ends, taking into consideration the child's best interests. I. A decree or order that a court enters in contemplation of or during the military deployment of a parent outside of the continental United States shall specifically reference the deployment and include provisions governing the legal decision-making or parenting time arrangements, or both, of the minor child after the deployment ends. Either parent may file a petition with the court after the deployment ends to modify the decree or order, in compliance with subsection L of this section. The court shall hold a hearing or conference on the petition within thirty days after the petition is filed. J. The court may modify an order granting or denying parenting time rights whenever modification would serve the best interest of the child, but the court shall not restrict a parent's parenting time rights unless it finds that the parenting time would endanger seriously the child's physical, mental, moral or emotional health. IN granting or denying a requested parenting time modification, the court shall not presume that a parenting time schedule that reflects shared parenting time between the parties is in the best interests of the child. K. If after a legal decision-making or parenting time order is in effect one of the parents is charged with a dangerous crime against children as defined in section 13-705, child molestation as defined in section 13-1410 or an act of domestic violence as prescribed in section 13-3601 in which the victim is a minor, the other parent may petition the court for an expedited hearing. Pending the expedited hearing, the court may suspend parenting time or change legal decision-making ex parte. L. To modify any type of legal decision-making or parenting time order a person shall submit an affidavit or verified petition setting forth detailed facts supporting the requested modification and shall give notice, together with a copy of the affidavit or verified petition, to other parties to the proceeding, who may file opposing affidavits. The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the pleadings, in which case it shall set a date for hearing on why the requested modification should not be granted. M. The court shall assess attorney fees and costs against a party seeking modification if the court finds that the modification action is vexatious and constitutes harassment. N. Subsection L of this section does not apply if the requested relief is for the modification or clarification of parenting time and not for a change of legal decision-making. END_STATUTE |
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