SB1315 - 531R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 25-401, Arizona Revised Statutes, is amended to read:

START_STATUTE25-401. Definitions

In this chapter, unless the context otherwise requires:

1. "In loco parentis" means a person who has been treated as a parent by a child and who has formed a meaningful parental relationship with a child for a substantial period of time.

2. "Joint legal decision-making" means both parents share decision‑making and neither parent's rights or responsibilities are superior except with respect to specified decisions as set forth by the court or the parents in the final judgment or order.

3. "Legal decision-making" means the legal right and responsibility to make all nonemergency legal decisions for a child including those regarding education, health care, religious training and personal care decisions. For the purposes of interpreting or applying any international treaty, any federal law, a uniform code or the statutes of other jurisdictions of the United States, legal decision-making means legal custody.

4. "Legal parent" means a biological or adoptive parent whose parental rights have not been terminated. Legal parent does not include a person whose paternity has not been established pursuant to section 25‑812 or 25‑814.

5. "Parenting time" means the schedule of time during which each parent has access to a child at specified times. Each parent during their that parent's scheduled parenting time is responsible for providing the child with food, clothing and shelter and may make routine decisions concerning the child's care.

6. "Sole legal decision-making" means one parent has the legal right and responsibility to make major decisions for a child.

7. "Substantial", in regard to parenting time and legal decision‑making, means essentially equal parenting time and legal decision‑making.

7. 8. "Visitation" means a schedule of time that occurs with a child by someone other than a legal parent. END_STATUTE

Sec. 2. Section 25-403, Arizona Revised Statutes, is amended to read:

START_STATUTE25-403. Legal decision-making; 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, substantial 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 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. 3. Section 25-403.02, Arizona Revised Statutes, is amended to read:

START_STATUTE25-403.02. Parenting plans; definition

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 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.

E. Shared legal decision-making does not necessarily mean equal parenting time.

F. For the purposes of this section, "maximize" means to make substantial, frequent, meaningful and continuing. END_STATUTE