ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

 

HB 2094: child preference; custody; parenting time

Sponsor: Representative Parker B, LD 10

Committee on Judiciary

Overview

Modifies the considerations a court must take into account when determining the wishes of a child as to legal decision-making and parenting time and changes the manner in which the court must conduct in-chambers interviews of the child.

History

Current law instructs a court to determine legal decision-making and parenting time in accordance with the best interests of the child. To this end, statute outlines a number of factors the court must consider as 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 (but 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 A.R.S. § 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 A.R.S. title 25, chapter 3, article 5; and

11) whether either parent was convicted of an act of false reporting of child abuse or neglect under A.R.S. § 13-2907.02 (A.R.S. § 25-403).

A court is permitted, but not required, to interview the child in chambers to ascertain to consider the child's wishes as to the child's custodian and parenting time (A.R.S. § 25-405).

 

 

 

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteProvides that, when a court considers the the wishes of the child as to legal decision-making and parenting time, and if the child is at least 14 years old and is of suitable maturity to express a preference, the child has the right to select the parent whom the child chooses regarding custody and parenting time. (Sec. 1)

2.   Deems the child's selection under this new provision presumptive unless the court determines that the child's wishes are not in the best interests of the child. (Sec. 1)

3.   Additionally, if the child is under 14 years old but is otherwise of suitable age or maturity, requires the court to strongly consider the child's wishes regarding custody and parenting time unless the court determines that the child's wishes are not in the best interests of the child. (Sec. 1)

4.   On the child's request, requires the court to interview the child in chambers to ascertain the child's wishes as to custody and parenting time and to ascertain if any domestic violence or child abuse pursuant to A.R.S. § 25-403.03 has occurred. (Sec. 2)

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8.                     HB 2094

9.   Initials JL Page 0 Judiciary

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