Bill Text: AZ HB2587 | 2012 | Fiftieth Legislature 2nd Regular | Introduced
Bill Title: Domestic relations; children; family unit
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-19 - Referred to House HHS Committee [HB2587 Detail]
Download: Arizona-2012-HB2587-Introduced.html
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REFERENCE TITLE: domestic relations; children; family unit |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2587 |
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Introduced by Representative Judd
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AN ACT
Amending sections 25-312 and 25-381.19, Arizona Revised Statutes; relating to domestic relations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 25-312, Arizona Revised Statutes, is amended to read:
25-312. Dissolution of marriage; findings necessary
The court shall enter a decree of dissolution of marriage if it finds each of the following:
1. That one of the parties, at the time the action was commenced, was domiciled in this state, or was stationed in this state while a member of the armed services, and that in either case the domicile or military presence has been maintained for ninety days prior to before filing the petition for dissolution of marriage.
2. The conciliation provisions of section 25‑381.09 and the provisions of article 5 of this chapter either do not apply or have been met.
3. If the parties have minor children together, that the requirements of section 25-381.19 have been meet.
3. 4. The marriage is irretrievably broken or, if the marriage is a covenant marriage, any of the grounds prescribed in section 25‑903.
4. 5. To the extent it has jurisdiction to do so, the court has considered, approved and made provision for child custody, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse and the disposition of property.
Sec. 2. Section 25-381.19, Arizona Revised Statutes, is amended to read:
25-381.19. Transfer of certain actions where minor child involved; counseling
a. Whenever any When an action for annulment of marriage, dissolution of marriage, or legal separation is filed in the superior court and it appears to the court at any time during the pendency of the action that there is any are minor child children of the spouses or either of them whose welfare may be adversely affected by the dissolution or annulment of the marriage, legal separation or the disruption of the household, and there appears to be some reasonable possibility of a reconciliation being effected, parties the court shall:
1. transfer the case may be transferred to the conciliation court for proceedings for reconciliation of the spouses or amicable settlement of issues in controversy in accordance with the provisions of this article.
2. Include in the preliminary injunction issued pursuant to section 25-315 an order stating that the parties must complete family counseling pursuant to this section in an attempt to preserve the family unit. The order shall also state that it is the official policy of this state to recognize the importance of children being raised in a home by a mother and a father.
B. The conciliation court shall require the parents to complete counseling as prescribed by the supreme court and shall provide the parties with a list of behavioral health agencies approved by the supreme court that provide appropriate family counseling services. The list shall include faith-based agencies as well as those that have no affiliation with a religious organization.
C. The conciliation court shall provide the parents with written information regarding state and private agencies that provide family support services and mechanisms to help the parents raise their children in a traditional nuclear family. The information shall also include statistical information regarding the importance of children being raised by their parents in a traditional nuclear family to positive childhood development.
D. The requirements of this section do not apply if there is documented evidence of spousal or child abuse by one of the parents.
