Arizona House Bill HB2709

Arizona 2024 Regular Session

• Introduced: 2/1/24

Caption

Child custody; domestic violence

Impact

One significant impact of HB 2709 is the establishment of a domestic violence court program designated to handle child custody cases involving allegations of domestic violence. The presiding judge is required to refer these cases to judges certified in domestic relations violence jurisprudence, ensuring that the court considers relevant evidence and the best interests of the child. The provisions aim to mitigate risks associated with granting legal decision-making to a parent with a history of domestic violence, thereby prioritizing the child's safety and emotional development.

Summary

House Bill 2709 amends existing Arizona laws regarding child custody in cases involving domestic violence. The primary aim of the bill is to enhance the protection of children and victims of domestic violence during custody proceedings. Under this bill, joint legal decision-making is essentially prohibited if there is a finding of significant domestic violence or a significant history of such violence. This reflects a stronger stance on ensuring the safety and well-being of children when domestic violence is present in custody disputes.

Contention

Notable points of contention surrounding the bill revolve around the rebuttable presumption clause, which suggests that if a parent is found to have committed domestic violence, they bear the burden of proof to demonstrate that parenting time will not jeopardize the child's emotional well-being. Critics may argue that this could impose a heavier burden on parents who are already victims in these situations, potentially complicating the judicial process. Moreover, the requirements for evidence and programs that a parent must undertake before regaining custody rights invite scrutiny regarding practicality and fairness in various circumstances.