Bill Text: AZ SB1072 | 2013 | Fifty-first Legislature 1st Regular | Engrossed
Bill Title: Parenting time; relocation of child
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2013-05-08 - House majority caucus: Do pass [SB1072 Detail]
Download: Arizona-2013-SB1072-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fifty-first Legislature First Regular Session 2013
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SENATE BILL 1072 |
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AN ACT
Amending section 25-408, Arizona Revised Statutes; relating to parenting time.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 25-408, Arizona Revised Statutes, is amended to read:
25-408. Change in residential address of a child; notice requirements; enforcement; presumption; definition
A. If by written agreement or court order both parents are entitled to joint legal decision-making or unsupervised 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.
A. A parent with joint or sole legal decision-making authority, a person with third-party legal decision-making authority or a child's legal guardian who intends to change the child's physical residence must serve a person entitled to parenting time with at least sixty days' written notice before that relocation takes place. the person must also serve a copy of the notice to any person who has court-ordered visitation with the child.
B. The notice to a person entitled to parenting time must include:
1. The effective date of the change of residential address.
2. The proposed residential address, unless any of the following apply:
(a) The court has granted a request to protect a residential address pursuant to the Arizona rules of family law procedure or the Arizona rules of protective order procedure.
(b) The address is protected pursuant to section 36-3009.
(c) A party is a participant in the address confidentiality program pursuant to title 41, chapter 1, article 3.
(d) The address is protected by rule, statute or court order.
(e) The proposed residential address is not known. the notice must explain the reason that the residential address is not known and when it will be known.
3. The school that the child will attend.
4. The reason that the person is proposing to relocate with the child.
5. If the relocation will result in a change to the parenting plan, a signed proposed parenting plan.
6. The following statement:
Notice to parents entitled to parenting time
This is a notice of intent to change a child's physical residence. Section 25-408, Arizona Revised Statutes, gives a person who has parenting time the right to file a notice of objection if the move will result in a material change of circumstances affecting the best interests of the child. Your notice of objection must include the reasons for objecting to the relocation. A relocation causing a material change of circumstances affecting the best interests of the child is a move that results in any of the following:
1. A change to the school the child will attend after the move unless the moving party has sole legal decision-making authority regarding education.
2. A significant decrease in the child's time with either parent because of the increase in travel time.
3. A significant impact on the child's established routine in the child's home, school or community.
4. A move to an address outside the state of Arizona. If you object to the proposed move, you must file a notice of objection within twenty days after you receive this notice. If you are served with the notice of intent to relocate outside the state of Arizona you must file your notice of objection within thirty days after you receive this notice. If you do not file a notice of objection and the child is relocated as stated in the notice of intent to relocate, the proposed parenting plan may become the new parenting plan by court order.
C. A notice of relocation served and filed pursuant to this section shall be accompanied by a proposed order permitting relocation as stated in the signed parenting plan accompanying the notice of relocation.
D. If the nonmoving parent does not file a notice of objection within the time allowed, the court may enter an appropriate order permitting relocation and approving the submitted parenting plan or may set the matter for a hearing.
E. If the proposed relocation or parenting plan is disputed, the nonmoving party must file a notice of objection within twenty days after service. If service is made outside of this state the nonmoving party must file a notice of objection within thirty days after service. After expiration of this time, the court may grant a petition or other application to prevent relocation of the child only on a showing of good cause. This subsection does not prohibit the person seeking to relocate the child from petitioning the court for a hearing to determine the appropriateness of a relocation that may adversely affect a parent's legal decision-making authority and parenting time rights.
F. The notice of intent to relocate and proof of service of the notice and any notice of objection and proof of service of the notice must be filed with the court to be effective.
B. G. The notice All notices required by this section shall be made by certified mail, return receipt requested, restricted delivery or pursuant to the Arizona rules of family law procedure. The moving parent shall also file a copy of the notice with the court. The court shall sanction pursuant to sections 25-324 and 25-415 a parent who, without good cause, does not comply with the notification requirements of this subsection section. The court may impose a sanction that will affect legal decision-making or parenting time only in accordance with the child's best interests.
C. 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 legal decision-making or parenting time rights.
D. Subsection A 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.
E. Pending the determination by the court of a petition or application to prevent relocation of the child:
1. A parent with sole legal decision-making or a parent with joint legal decision-making and primary residence of a child 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 legal decision-making and substantially equal parenting time 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.
F. 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.
G. 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.
H. If a timely notice of objection to the relocation is filed, the person seeking to relocate the child must petition the court to approve the proposed move. The burden of proof is on the moving party to establish by a preponderance of the evidence that the move is in the child's best interests.
I. The court shall deny the relief requested by either party unless it finds that adequate cause for hearing the matter is established by the pleadings, in which case it shall set a date for a hearing on why the requested relief should or should not be granted. The court may impose sanctions on any party who without good cause seeks relief under this section.
J. The court shall not deviate from a provision of the current court‑ordered parenting plan in which the parties specifically have agreed to allow or prohibit the move unless the court finds the provisions are no longer in the child's best interests.
H. K. The court shall determine whether to allow the parent to relocate the child in accordance with the child's best interests. If the relocation is allowed, to the extent practicable the court shall adjust the parenting time arrangement to minimize the child's loss of parenting time with the nonmoving parent. 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. substantial, frequent, meaningful and continuing parenting time with each parent, including whether it will result in an increase in travel time that significantly decreases a child's time with either 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.
I. 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.
J. Pursuant to section 25‑403.06, each parent is entitled to have access to prescription medication, documents and other information about the child unless the court finds that access would endanger seriously the child's or a parent's physical, mental, moral or emotional health.
6. The extent to which moving or not moving will affect the child's stability and the emotional, physical or developmental needs of the child, including whether it significantly impacts a child's established routine in the child's home, school or community.
7. Whether a party's primary motive in requesting or opposing the relocation is to gain a financial advantage regarding continuing child support obligations.
8. The extent to which the objecting party has fulfilled that party's financial obligations to the party who seeks to relocate a child, including child support, spousal maintenance and obligations related to marital property and marital debt. The court shall also consider the impact that compliance or noncompliance with those financial obligations has on the parent who seeks to relocate, including other resources that are available to provide support for the party who seeks to relocate a child.
L. A party who is required to move because of circumstances related to health, safety, employment or involuntary change of residence of that party or of that party's spouse in less than sixty days after written notice has been given to the other party may temporarily move with the child only if both parties execute a written agreement or a party obtains a court order pursuant to the Arizona rules of family law procedure.
M. If the proposed relocation and parenting plan affects child support, either parent may also file for a modification of child support pursuant to section 25-320, either simultaneously with the relocation request or as a separate matter.
N. Moves under two miles are presumed not to result in a material change of circumstances affecting the best interests of a child.
O. For the purposes of this section, "relocation of a child" means a residential move that may result in a material change of circumstances affecting the best interests of the child, including a move that results in any of the following:
1. A change to the school the child will attend after the move, unless the moving party has sole legal decision-making authority regarding education.
2. A significant decrease in the child's time with either parent because of the increase in travel time.
3. A significant impact on the child's established routine in the child's home, school or community.
4. A move to an address outside this state.
