ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: GOV DP 6-0-1-0

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2296: shared parenting time; presumption; prohibition

Sponsor: Representative Fink, LD 27

Caucus & COW

Overview

Specifies a court may not assume a parenting plan that includes shared parenting time is in the best interest of the child.

History

In a legal decision-making or parenting time proceeding, the court is required to make a decision based on the best interests of the child.  In these proceedings, both parties are required to submit a proposed parenting plan that outlines each parent's rights and responsibilities, practical schedules of parenting time and procedures for review and communication (A.R.S. §§ 25-403, 25-403.02).

Either party can make a motion for the modification of a legal decision-making or parenting time decree after a specified time. When making a decision on a modification petition, the court is required to consider the bests interests of the child, any changes in circumstance from the original decree and certain factors relating to a parent's military status or involvement (A.R.S. § 25-411).

Provisions

1.   Prohibits a court from assuming that a parenting plan or parenting time schedule, that reflects shared parenting time, is in the best interests of the child. (Sec. 1, 2, 3)

2.   Makes technical and conforming changes. (Sec. 1, 2, 3)

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6.                     HB 2296

7.   Initials JH/SR     Page 0 Caucus & COW

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