Bill Text: AZ SB1083 | 2011 | Fiftieth Legislature 1st Regular | Engrossed
Bill Title: Domestic relations; child custody
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2011-03-23 - House HHS Committee action: Held [SB1083 Detail]
Download: Arizona-2011-SB1083-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SENATE BILL 1083 |
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AN ACT
amending sections 25-402, 25-403 and 25‑403.06, Arizona Revised Statutes; amending title 25, chapter 4, article 1, Arizona Revised Statutes, by adding section 25-403.10; repealing section 25-408, Arizona Revised Statutes; amending title 25, chapter 4, Article 1, Arizona Revised Statutes, by adding a new section 25-408; amending section 25‑803, Arizona Revised Statutes; relating to child custody.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 25-402, Arizona Revised Statutes, is amended to read:
25-402. Definitions
In this article, unless the context otherwise requires:
1. "Contact information" means any of the following:
(a) A home or mobile telephone number.
(b) An e‑mail address.
(c) Another form of electronic communication.
1. 2. "Joint custody" means joint legal custody or joint physical custody, or both.
2. 3. "Joint legal custody" means the condition under which both parents share legal custody and neither parent's rights are superior, except with respect to specified decisions as set forth by the court or the parents in the final judgment or order.
3. 4. "Joint physical custody" means the condition under which the physical residence of the child is shared by the parents in a manner that assures that the child has substantially equal time and contact with both parents.
4. 5. "Parenting time" means the condition under which a parent has the right to have a child physically placed with the parent and the right and responsibility to make, during that placement, routine daily decisions regarding the child's care consistent with the major decisions made by a person having legal custody.
6. "Residential address" means a parent's parenting time address or the complete address of the parent's actual place of residence, including street name and number, apartment or space number, city or town and zip code or a description of the location of the residence that allows the other parent to readily identify its location.
5. 7. "Sole custody" means the condition under which one person has legal custody.
Sec. 2. Section 25-403, Arizona Revised Statutes, is amended to read:
25-403. Custody; best interests of child
A. The court shall determine custody, either originally or on petition for modification, in accordance with the best interests of the child. The court shall consider all relevant factors, including:
1. The wishes of the child's parent or parents as to custody.
2. The wishes of the child as to the custodian.
3. 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.
4. The child's adjustment to home, school and community.
5. The mental and physical health of all individuals involved.
6. Which parent is more likely to allow the child frequent and meaningful 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, both parents or neither parent has provided primary care of the child.
8. The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody.
9. Whether a parent has complied with chapter 3, article 5 of this title.
10. Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13‑2907.02.
11. Whether there has been domestic violence or child abuse as defined in pursuant to section 25‑403.03.
B. In a contested custody 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.
C. A parent who is not granted custody of the child is entitled to reasonable parenting time rights to ensure that the minor child has frequent and continuing contact with the noncustodial parent unless the court finds, pursuant to a hearing, that parenting time would seriously endanger the child's physical, mental, moral or emotional health.
Sec. 3. Section 25-403.06, Arizona Revised Statutes, is amended to read:
25-403.06. Parental access to documents
A. Unless otherwise provided by court order or law, on reasonable request both parents are entitled to have equal access to documents and other information concerning the child's education and physical, mental, moral and emotional health including medical, school, police, court and other records directly from the custodian of the records or from the other parent.
B. A person who does not comply with a reasonable request shall reimburse the requesting parent for court costs and attorney fees incurred by that parent to force compliance with this section.
C. A parent who attempts to restrict the release of documents or information by the custodian without a prior court order is subject to appropriate legal sanctions.
D. The noncustodial parent is entitled to have access to documents and other information about the child unless the court finds that access would seriously endanger the child's or the custodial parent's physical, mental, moral or emotional health.
Sec. 4. Title 25, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 25-403.10, to read:
25-403.10. Contact information
A. Each parent must keep the other parent informed of the parent's current residential address and contact information unless the court determines that the information should be protected due to safety concerns of a parent or a child.
B. A parent may file an ex parte request to protect the residential address or some or all of the contact information pursuant to rule 7 of the Arizona rules of family law procedure.
Sec. 5. Repeal
Section 25-408, Arizona Revised Statutes, is repealed.
Sec. 6. Title 25, chapter 4, article 1, Arizona Revised Statutes, is amended by adding a new section 25-408, to read:
25-408. Relocation of child; notice; exception; enforcement
A. A parent must provide written notice to the other parent promptly after the parent knows of any actual or impending change to the parent's current residential address, but in no event less than sixty days before relocating a child. The notification must include the effective date of the change. Any primary residential parent or a parent with substantially equal parenting time must also include the following language in the notification:
You have received notice from the other parent regarding a change of residence of the child or children. Section 25-408, Arizona Revised Statutes, gives you the right to request a hearing to object to the move if you believe that the move will substantially or adversely impact your court-ordered parenting time.
A residential move that may substantially or adversely impact a current court-ordered parenting plan or written agreement regarding parenting time includes, for example, a residential move that:
1. Results in a change to the school the minor child will attend after the move.
2. Increases the travel time for transportation of the minor child for the exercise of parenting time to such a degree that the child's time with either parent will be decreased significantly.
3. Significantly impacts the child's established routine in the child's home, school or community.
You must file a request for a hearing within twenty days after you receive this notice if you object.
B. After receipt of the notice required pursuant to subsection A of this section, If an objection is filed the child may not be relocated without a court order after a hearing.
C. The notice required by subsection A of this section must include the anticipated date of the relocation and the proposed location including a residential address if known, unless the court has granted a request to protect a residential address. The notice must also state the reason that the parent is proposing the relocation of the child. The notice required by this section must be made by certified mail, return receipt requested, or be served pursuant to the Arizona rules of family law procedure. The court may sanction a parent who, without good cause, does not comply with the notification requirements of this subsection. The court may also sanction a parent who does not act in good faith in objecting to the relocation. The court may impose a sanction that affects custody or parenting time only in accordance with the child's best interests.
D. If the court finds that the notice required pursuant to subsection a of this section unreasonably puts at risk the health, safety or liberty of a parent or child, the court may order any of the following:
1. That the residential address, contact information or other identifying information of the parent or child shall not be disclosed in the pleadings, other documents filed in the proceeding or the final order, except for an in camera disclosure.
2. That the notice required pursuant to subsection a of this section be waived to the extent necessary to protect confidentiality and the health, safety or liberty of the parent or child.
3. Any other action the court considers necessary to facilitate the legitimate needs of the parties and the child's best interests.
E. The court may conduct an ex parte hearing pursuant to subsection D of this section.
F. Within twenty days after notice is received, the nonmoving parent may petition the court to prevent the proposed move of the child if the move may substantially or adversely impact a current court-ordered parenting plan or written agreement regarding parenting time, except as provided in the servicemembers civil relief act. After expiration of this time any petition or other application to prevent the proposed move of the child may be heard only on a showing of good cause for the delay. A parent who is proposing to move the child may petition the court for a hearing, on notice to the other parent, to determine the appropriateness of the move that may adversely affect the other parent's custody or parenting time rights. For the purposes of this section, a residential move that may substantially or adversely impact a current court-ordered parenting plan or written agreement regarding parenting time includes a residential move that:
1. Results in a change to the school the minor child will attend after the move.
2. Increases the travel time for transportation of the minor child for the exercise of parenting time to such a degree that the child's time with either parent will be decreased significantly.
3. Significantly impacts the child's established routine in the child's home, school or community.
G. Notice is not required if a provision for a proposed move of a child has been made by a court order or a written agreement of the parties that is dated within one year before the proposed move of a child.
H. The court shall not deviate from a provision of the current court‑ordered parenting plan or other written agreement in which the parents specifically have agreed to allow or prohibit the relocation of the child unless the court finds by clear and convincing evidence that the provision is no longer in the child's best interests. There is a rebuttable presumption that a relocation provision from the current court-ordered parenting plan or other written agreement is in the child's best interests.
I. The parent who has given notice of a proposed move may move for judgment on the pleading and shall follow the procedure prescribed in rule 32(c) of the Arizona rules of family law procedure.
J. The court shall determine whether to allow the parent to relocate the child in accordance with the child's best interests. The court shall evaluate the extent to which the objecting parent has fulfilled the parent's financial obligations to the parent who is seeking to relocate the child, including child support, spousal maintenance and obligations related to marital property and marital debt. 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 possible, the court shall also make appropriate arrangements to ensure the continuation of a meaningful relationship between the child and both parents.
K. 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.
3. The prospective advantage of the move for improving the general quality of life 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.
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.
7. Whether a parent's primary motive in requesting or opposing relocation is to gain a financial advantage regarding continuing child support obligations.
L. If the moving parent has primary physical custody and has the exclusive right to make educational decisions for the child or children and the proposed change of residence for the child or children would allow for reasonable and meaningful access that is not significantly less than provided under the current parenting time order, there is a presumption that it is in the child's best interests to relocate with the moving parent.
M. A parent who is required to relocate because of circumstances related to health, safety, employment or involuntary change of residence of that parent or of that parent's spouse 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 or a parent obtains a court order pursuant to rule 47, 48 or 91 of the Arizona rules of family law procedure.
N. Hearings conducted on petitions to permit or prevent relocation of a child are not motions to modify child custody and the parties are not required to comply with section 25-411 or rule 91(d) of the Arizona rules of family law procedure.
Sec. 7. Section 25-803, Arizona Revised Statutes, is amended to read:
25-803. Persons who may originate proceedings; custody; parenting time; conciliation court
A. Proceedings to establish the maternity or paternity of a child or children and to compel support under this article may be commenced by any of the following:
1. The mother.
2. The father.
3. The guardian, conservator or best friend of a child or children born out of wedlock.
4. A public welfare official or agency of the county where the child or children reside or may be found.
5. The state pursuant to section 25‑509.
B. An adult may bring an action to establish the adult's biological parent.
C. Any party to a proceeding under this article other than the state may request that custody and specific parenting time be determined as a part of the proceeding. When paternity is established the court may award custody and parenting time as provided in section 25‑408 25-403. The attorney general or county attorney shall not seek or defend any ancillary matters such as custody or parenting time.
D. In any case in which paternity is established the parent with whom the child has resided for the greater part of the last six months shall have legal custody unless otherwise ordered by the court.
E. The services of the conciliation court may be used in regard to disputed matters of custody and parenting time.
