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REFERENCE TITLE: domestic relations |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SB 1314 |
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Introduced by Senators Allen S, Pearce R: Alvarez, Burns, Gray C, Gray L, Nelson; Representatives McComish, McGuire
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AN ACT
Amending title 25, chapter 3, article 2, Arizona Revised Statutes, by adding section 25-311.01; amending sections 25‑403 and 25-408, Arizona Revised Statutes; amending title 25, chapter 4, article 1, Arizona Revised Statutes, by adding section 25-416; relating to domestic relations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 25, chapter 3, article 2, Arizona Revised Statutes, is amended by adding section 25-311.01, to read:
25-311.01. Rulings; specific findings
In making a ruling pursuant to this title regarding community property and community debt, the court must provide the parties with a detailed written explanation of its conclusions and analysis on each issue and a detailed list of facts and laws supporting the decision.
Sec. 2. Section 25-403, Arizona Revised Statutes, is amended to read:
25-403. Custody; best interests of child
A. The court shall determine custody, either originally or on petition for modification, in accordance with the best interests of the child. The court shall consider all relevant factors, including:
1. The wishes of the child's parent or parents as to custody.
2. The wishes of the child as to the custodian.
3. 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.
4. The child's adjustment to home, school and community.
5. The mental and physical health of all individuals involved.
6. Which parent is more likely to allow the child frequent and meaningful 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, both parents or neither parent has provided primary care of the child.
8. The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody.
9. Whether a parent has complied with chapter 3, article 5 of this title.
10. Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13‑2907.02.
11. Whether there has been domestic violence or child abuse as defined in pursuant to section 25‑403.03.
B. In a contested custody 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.
C. In a disputed family law matter involving children, if both parents are found to be fit or capable to be a parent, the court shall not award sole custody to one parent unless both parents agree.
Sec. 3. Section 25-408, Arizona Revised Statutes, is amended to read:
25-408. Rights of noncustodial parent; parenting time; relocation of child; exception; enforcement; access to records
A. A parent who is not granted custody of the child is entitled to reasonable parenting time rights to ensure that the minor child has frequent and continuing contact with the noncustodial parent unless the court finds, either during a trial or after a hearing, that a parent is unfit or incapable of parenting. If a parent petitions the court alleging the other parent to be unfit or incapable of parenting and the court denies the petition, the petitioning parent must immediately pay to the other parent all attorney fees and court costs associated with defending against those allegations. For the purposes of this subsection, "Unfit or incapable of parenting" means that a person's parenting time would endanger seriously the child's physical, mental, moral or emotional health.
B. If by written agreement or court order both parents are entitled to custody or parenting time and both parents reside in the state, at least sixty 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 state.
2. Relocate the child more than one hundred miles within the state.
C. 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 is subject to court sanction. The court may impose a sanction that will affect custody or parenting time only in accordance with the child's best interests.
D. 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 custody or parenting time rights.
E. Subsection B 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.
F. Pending the determination by the court of a petition or application to prevent relocation of the child:
1. A parent with sole custody or a parent with joint custody and primary physical custody who is required by circumstances of health or safety or employment of that parent or that parent's spouse to relocate in less than sixty days after written notice has been given to the other parent may temporarily relocate with the child.
2. A parent who shares joint custody and substantially equal physical custody and who is required by circumstances of health or safety or employment of that parent or that parent's spouse to relocate in less than sixty 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 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 25‑403.
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, the noncustodial parent is entitled to have access to documents and other information about the child unless the court finds by clear and convincing evidence that access would endanger seriously the child's or the custodial parent's physical, mental, moral or emotional health.
Sec. 4. Title 25, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 25-416, to read:
25-416. Rulings; written explanation
In making a ruling pursuant to this article regarding parental fitness, parenting time and custody, the court must provide the parties with a detailed written explanation of its conclusions and analysis on each issue and a detailed list of facts and laws supporting the decision.