Bill Text: AZ SB1091 | 2013 | Fifty-first Legislature 1st Regular | Introduced
Bill Title: Domestic relations; conforming changes
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-23 - Referred to Senate JUD Committee [SB1091 Detail]
Download: Arizona-2013-SB1091-Introduced.html
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REFERENCE TITLE: domestic relations; conforming changes |
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State of Arizona Senate Fifty-first Legislature First Regular Session 2013
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SB 1091 |
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Introduced by Senator Barto
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AN ACT
Amending sections 25-103, 25-311, 25-312, 25-313, 25-314, 25-317, 25-321, 25‑323.01, 25-323.02, 25-328, 25-331, 25-352, 25-381.17, 25-381.18, 25‑403.03, 25-403.06, 25-404, 25-406, 25-407, 25-508, 25-509, 25-803, 25-810, 25-812 and 25-817, 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 25-103, Arizona Revised Statutes, is amended to read:
25-103. Purposes of title; application of title
A. It is declared that the public policy of this state and the general purposes of this title are:
1. To promote strong families; .
2. To promote strong family values.
B. It also is the declared public policy of this state and the general purpose of this title that absent evidence to the contrary, it is in a child's best interest:
1. To have substantial, frequent, meaningful and continuing parenting time with both parents.
2. To have both parents participate in legal decision-making about the child.
C. A court shall apply the provisions of this title in a manner that is consistent with this section.
Sec. 2. Section 25-311, Arizona Revised Statutes, is amended to read:
25-311. Jurisdiction; form of petition; award of decree
A. The superior court is vested with original jurisdiction to hear and decide all matters arising pursuant to this chapter and pursuant to chapter 4, article 1 of this title.
B. A proceeding for dissolution of marriage or legal separation shall be entitled, "in re the marriage of _____________ and _______________." A custody legal decision-making or support proceeding shall be entitled, "in re the (custody) (legal decision-making) (support) of _______________."
C. The initial pleading in all proceedings under this chapter and under chapter 4, article 1 of this title shall be denominated a petition. A responsive pleading shall be denominated a response.
D. A decree of dissolution or of legal separation, if made, shall not be awarded to one of the parties but shall provide that it affects the status previously existing between the parties in the manner decreed.
Sec. 3. 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. The marriage is irretrievably broken or, if the marriage is a covenant marriage, any of the grounds prescribed in section 25‑903.
4. To the extent it has jurisdiction to do so, the court has considered, approved and made provision provisions for child custody legal decision-making, parenting time, 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. 4. Section 25-313, Arizona Revised Statutes, is amended to read:
25-313. Decree of legal separation; findings necessary
The court shall enter a decree of legal separation 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.
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. The marriage is irretrievably broken or one or both of the parties desire to live separate and apart or, if the marriage is a covenant marriage, any of the grounds prescribed in section 25‑904.
4. The other party does not object to a decree of legal separation. If the other party objects to a decree of legal separation, on one of the parties meeting the required domicile for dissolution of marriage, the court shall direct that the pleadings be amended to seek a dissolution of the marriage.
5. To the extent it has jurisdiction to do so, the court has considered, approved or made provisions for child custody legal decision‑making, parenting time, 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 the property.
Sec. 5. Section 25-314, Arizona Revised Statutes, is amended to read:
25-314. Pleadings; contents; defense; joinder of parties; confidentiality
A. The verified petition in a proceeding for dissolution of marriage or legal separation shall allege that the marriage is irretrievably broken or that one or both of the parties desire to live separate and apart, or, if the marriage is a covenant marriage, any of the grounds prescribed in section 25‑903 or 25‑904, whichever is appropriate, and shall set forth:
1. The birth date, occupation and address of each party and the length of domicile in this state.
2. The date of the marriage, the place at which it was performed and whether the marriage is a covenant marriage.
3. The names, birth dates and addresses of all living children, natural or adopted, common to the parties and whether the wife is pregnant.
4. The details of any agreements between the parties as to support, custody legal decision-making and parenting time of the children and maintenance of a spouse.
5. The relief sought.
B. Either party to the marriage may initiate the proceeding.
C. The only defense to a petition for the dissolution of a marriage or legal separation is that the marriage is not irretrievably broken. If the marriage is a covenant marriage, it is a defense that none of the grounds alleged for a dissolution of marriage or legal separation prescribed in section 25‑903 or 25‑904 are is met.
D. The court may join additional parties necessary for the exercise of its authority.
E. This section does not require a victim of domestic violence or a resident of a domestic violence shelter as defined in section 36‑3001 to divulge the person's address, except that a means of communicating with the resident, such as a post office box or address of the person's attorney, must be disclosed.
Sec. 6. Section 25-317, Arizona Revised Statutes, is amended to read:
25-317. Separation agreement; effect
A. To promote amicable settlement of disputes between parties to a marriage attendant on their separation or the dissolution of their marriage, the parties may enter into a written separation agreement containing provisions for disposition of any property owned by either of them, maintenance of either of them, and support, custody legal decision-making and parenting time of their children. A separation agreement may provide that its maintenance terms shall not be modified.
B. In a proceeding for dissolution of marriage or for legal separation, the terms of the separation agreement, except those providing for the support, custody legal decision-making and parenting time of children, are binding on the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the separation agreement is unfair.
C. If the court finds the separation agreement unfair as to disposition of property or maintenance, it may request the parties to submit a revised separation agreement or may make orders for the disposition of property or maintenance.
D. If the court finds that the separation agreement is not unfair as to disposition of property or maintenance and that it is reasonable as to support, custody legal decision-making and parenting time of children, the separation agreement shall be set forth or incorporated by reference in the decree of dissolution or legal separation and the parties shall be ordered to perform them. If the separation agreement provides that its terms shall not be set forth in the decree, the decree shall identify the separation agreement as incorporated by reference and state that the court has found the terms as to property disposition and maintenance not unfair and the terms as to support, custody legal decision-making and parenting time of children reasonable.
E. Terms of the agreement set forth or incorporated by reference in the decree are enforceable by all remedies available for enforcement of a judgment, including contempt.
F. Except for terms concerning the maintenance of either party and the support, custody legal decision-making or parenting time of children, entry of the decree shall thereafter preclude the modification of the terms of the decree and the property settlement agreement, if any, set forth or incorporated by reference.
G. Notwithstanding subsection F of this section, entry of a decree that sets forth or incorporates by reference a separation agreement that provides that its maintenance terms shall not be modified prevents the court from exercising jurisdiction to modify the decree and the separation agreement regarding maintenance, including a decree entered before July 20, 1996.
Sec. 7. Section 25-321, Arizona Revised Statutes, is amended to read:
25-321. Representation of child by counsel; fees
The court may appoint an attorney to represent the interests of a minor or dependent child with respect to the child's support, custody legal decision-making and parenting time. The court may enter an order for costs, fees and disbursements in favor of the child's attorney. The order may be made against either or both parents.
Sec. 8. Section 25-323.01, Arizona Revised Statutes, is amended to read:
25-323.01. Child support committee; membership; duties; report
A. The child support committee is established consisting of the following members:
1. The director of the department of economic security or the director's designee.
2. The assistant director of the division of child support enforcement of the department of economic security.
3. A division or section chief from the office of the attorney general, or the division or section chief's designee, who has knowledge of or experience in child support enforcement and related issues and who is appointed by the attorney general.
4. The director of the administrative office of the supreme court or the director’s designee.
5. Two presiding judges from the domestic relations division of the superior court who are appointed by the chief justice of the supreme court. One judge shall be from an urban county and one judge shall be from a rural county.
6. A title IV‑D court commissioner who is appointed by the chief justice of the supreme court.
7. A clerk of the superior court who is appointed by the chief justice of the supreme court.
8. One county attorney who is appointed by the director of the department of economic security and who is from a county that is currently contracting with the state to provide child support enforcement services.
9. An executive assistant from the office of the governor who is appointed by the governor.
10. One person who is knowledgeable in child support issues and who is a noncustodial parent and one person who is knowledgeable in child support issues and who is a custodial parent. The president of the senate shall appoint these members.
11. One person who is knowledgeable in child support issues and who is a noncustodial parent and one person who is knowledgeable in child support issues and who is a custodial parent. The speaker of the house of representatives shall appoint these members.
12. One parent who is knowledgeable in child support issues, who has joint custody legal decision-making and who is appointed jointly by the president of the senate and the speaker of the house of representatives.
13. One person from the executive committee of the family law section of the state bar of Arizona who is appointed by the chief justice of the supreme court.
14. One person from the business community who is appointed jointly by the president of the senate and the speaker of the house of representatives.
15. Two members of the senate from different political parties. The president of the senate shall appoint the members and designate one of the members as the cochairperson.
16. Two members of the house of representatives from different political parties. The speaker of the house of representatives shall appoint the members and designate one of the members as the cochairperson.
B. The committee shall prepare an annual written report on its work, findings and recommendations regarding child support guidelines, enforcement and related issues. The committee shall submit this report to the governor, the president of the senate, the speaker of the house of representatives and the chief justice of the supreme court on or before December 31 of each year and shall provide a copy of this report to the secretary of state and the director of the Arizona state library, archives and public records. Beginning July 1, 2011, The report shall be submitted electronically.
C. Nonlegislative members of the committee are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
Sec. 9. Section 25-323.02, Arizona Revised Statutes, is amended to read:
25-323.02. Domestic relations committee; membership; duties; pilot programs; report
A. The domestic relations committee is established consisting of the following members:
1. Two noncustodial parents who are knowledgeable in domestic relations issues and who are not judges or commissioners. The president of the senate and the speaker of the house of representatives shall each appoint one of these members.
2. Two custodial parents who are knowledgeable in domestic relations issues and who are not judges or commissioners. The president of the senate and the speaker of the house of representatives shall each appoint one of these members.
3. Two parents who have joint custody legal decision-making, who are knowledgeable in domestic relations issues and who are not judges or commissioners. The president of the senate and the speaker of the house of representatives shall each appoint one of these members.
4. Two parents who are knowledgeable in domestic relations issues, who are not judges or commissioners and who are appointed by the governor.
5. Two active or retired judges or commissioners, or both, from the domestic relations department of the superior court who are appointed by the chief justice of the supreme court. One of these members shall be from an urban county and one member shall be from a rural county.
6. One domestic relations attorney who is appointed by the governor.
7. One clerk of the superior court who is appointed by the chief justice of the supreme court.
8. A professional domestic relations mediator who is appointed by the president of the senate.
9. A psychologist who is experienced in performing child custody legal decision-making evaluations and who is appointed by the speaker of the house of representatives.
10. A domestic relations educator who is experienced in matters relating to parenting or divorce classes and who is appointed by the governor.
11. A representative of a statewide domestic violence coalition who is appointed by the president of the senate.
12. A representative of a conciliation court who is appointed by the chief justice of the supreme court.
13. A marriage and family therapist who is knowledgeable in domestic relations issues and who is appointed by the speaker of the house of representatives.
14. A representative from a faith‑based organization who is knowledgeable in domestic relations issues and who is appointed by the governor.
15. An administrative officer of the supreme court who is appointed by the chief justice of the supreme court or the officer's designee.
16. A member of a law enforcement agency in this state who is appointed by the speaker of the house of representatives.
17. A member of an agency that advocates for children who is appointed by the president of the senate.
18. One member of the family law section of the state bar of Arizona who is appointed by the chief justice of the supreme court.
19. Four members of the senate, not more than two of whom are members of the same political party. The president of the senate shall appoint these members and shall designate one of them as the cochairperson.
20. Four members of the house of representatives, not more than two of whom are members of the same political party. The speaker of the house of representatives shall appoint these members and designate one of them as the cochairperson.
B. The committee shall prepare a statewide plan for an integrated family court with comprehensive subject matter jurisdiction over all matters involving the family and submit this plan to the governor, the president of the senate, the speaker of the house of representatives and the chief justice of the supreme court on or before December 31, 2002. Based on this plan or on other formal recommendations from the committee, beginning July 1, 2006, the supreme court shall implement a two year integrated family court pilot program in one county with a population of less than five hundred thousand persons. The supreme court shall submit quarterly reports on the pilot program to the committee. The committee shall include information from these reports in its annual report prepared pursuant to subsection C of this section.
C. The committee shall prepare an annual written report regarding recommended changes to the domestic relations statutes, rules and procedures and other related issues designed to lead to a reform of the state's domestic relations statutes. The committee shall submit this report to the governor, the president of the senate, the speaker of the house of representatives and the chief justice of the supreme court on or before December 31 of each year and shall provide a copy of the report to the secretary of state and the director of the Arizona state library, archives and public records. Beginning July 1, 2011, The report shall be submitted electronically.
D. The committee shall develop minimum training standards on domestic violence and child abuse issues for persons conducting an investigation or preparing a report concerning child custodial arrangements pursuant to section 25‑406. The committee shall approve the standards on or before December 31, 2004. The committee may modify the standards on or before December 31 of each year.
E. Nonlegislative members of the committee are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
Sec. 10. Section 25-328, Arizona Revised Statutes, is amended to read:
25-328. Legal decision-making or parenting time cases; sequence of trials
A. In all cases when custody If legal decision-making or parenting time is a contested issue, the court shall first hear and decide all other issues including maintenance and child support if requested to do so by the petitioner, the respondent or the child's attorney. The request shall be in the form of a written demand filed with a motion to set or a controverting certificate.
B. On stipulation of the parties, the court shall first hear and decide custody legal decision-making or parenting time issues.
C. In the absence of a request or stipulation made pursuant to this section, the court may try any issue separately and in any sequence.
Sec. 11. Section 25-331, Arizona Revised Statutes, is amended to read:
25-331. Notification requirements
A. In all proceedings brought pursuant to this title, the court shall provide the following written notification to all parties:
You may request conclusions of fact and law on the following issues, if they are contested: the issues of child custody legal decision-making relating to a child, relocation requests, spousal maintenance, community property, community debt and child support. To request conclusions of fact and law, you must file a written request with the court before the trial or the evidentiary hearing. If you make a written request before the trial or evidentiary hearing, the court will make conclusions of fact and law as part of the final decision.
B. The court shall provide the notification required by subsection A of this section to all parties in the minute entry setting the case for a trial or evidentiary hearing.
Sec. 12. Section 25-352, Arizona Revised Statutes, is amended to read:
25-352. Applicability of program; compliance
A. In an action for dissolution of marriage, legal separation or annulment that involves a natural or an adopted minor, unemancipated child who is common to the parties or in any paternity proceeding under chapter 6, article 1 of this title in which a party has requested that the court determine custody legal decision-making, specific parenting time or child support, the court shall order the parties to complete an educational program as prescribed by this article, unless any of the following applies:
1. On its own motion or the motion of either party the court determines that participation is not in the best interests of the parties or the child.
2. A party is or will be enrolled in an education program that the court deems comparable.
3. The court determines that a party previously has completed an educational program adopted pursuant to this article or a comparable program. The court may order a party to attend a program more than once.
B. In an action or proceeding involving child support or the modification or enforcement of parenting time or custody legal decision‑making, the court may order either party or both parties to complete an educational program as prescribed by this article.
C. If the parties have a history of domestic violence as defined in section 13‑3601 the court may enter appropriate orders that set forth the manner in which the parties shall participate in the program and shall make reasonable efforts to protect the safety of the participants.
D. Each party shall complete the educational program within the time ordered by the judge. The judge may extend the deadline for compliance.
Sec. 13. Section 25-381.17, Arizona Revised Statutes, is amended to read:
25-381.17. Orders; duration of effectiveness; reconciliation agreement
A. The judge of the conciliation court shall have full power to make, alter, modify, and enforce all orders or temporary orders, orders for custody legal decision-making or parenting time of children, restraining orders, preliminary injunctions and orders affecting possession of property, as may appear just and equitable, but such orders shall not be effective for more than the period of the stay under section 25‑381.18, unless the parties mutually consent to a continuation of such time.
B. Any reconciliation agreement between the parties may be reduced to writing and, with the consent of the parties, a court order may be made requiring the parties to comply fully therewith.
Sec. 14. Section 25-381.18, Arizona Revised Statutes, is amended to read:
25-381.18. Dissolution of marriage; legal separation; annulment; stay of right to file; jurisdiction for pending actions
A. During a period beginning on the filing of a petition for conciliation and continuing until sixty days after the filing of the petition for conciliation, neither spouse shall file any action for annulment, dissolution of marriage or legal separation, and, on the filing of a petition for conciliation, proceedings then pending in the superior court are stayed and the case shall be transferred to the conciliation court for hearing and further disposition as provided in this article. All restraining, support, maintenance, legal decision-making or custody parenting time orders issued by the superior court remain in full force and effect until vacated or modified by the conciliation court or until they expire by their own terms.
B. If either party wishes to extend the stay prescribed pursuant to subsection A of this section, that party must file a petition with the court that states the basis for the extension and includes a plan for reconciliation or a counseling schedule. The court may grant a reasonable extension of up to one hundred twenty days if the moving party establishes good cause for the extension. The court shall not grant an extension if the other party objects with good cause.
C. If, after the expiration of the period prescribed in subsection A of this section and any extension granted pursuant to subsection B of this section, the controversy between the spouses has not been terminated, either spouse may institute proceedings for annulment of marriage, dissolution of marriage or legal separation by filing in the clerk's office additional pleadings complying with the requirements relating to annulment of marriage, dissolution of marriage or legal separation, respectively, or either spouse may proceed with the action previously stayed, and the conciliation court has full jurisdiction to hear, try and determine the action for annulment of marriage, dissolution of marriage or legal separation and to retain jurisdiction of the case for further hearings on decrees or orders to be made. The conciliation provisions of this article may be used in regard to postdissolution problems concerning maintenance support, parenting time or contempt or for modification based on changed conditions in the discretion of the conciliation court.
D. On the filing of an action for annulment, dissolution of marriage or legal separation and after the expiration of sixty days from the service or the acceptance of service of process on or by the defendant, neither spouse without the consent of the other may file a petition invoking the jurisdiction of the conciliation court, as long as the domestic relations case remains pending, unless it appears to the court that the filing will not delay the orderly processes of the pending action, in which event the court may accept the petition and the filing of the petition has the same effect as the filing of any such petition within such sixty days after the service or acceptance of process.
Sec. 15. Section 25-403.03, Arizona Revised Statutes, is amended to read:
25-403.03. Domestic violence and child abuse
A. Notwithstanding subsection D of this section, joint legal decision‑making shall not be awarded if the court makes a finding of the existence of significant domestic violence pursuant to section 13‑3601 or if the court finds by a preponderance of the evidence that there has been a significant history of domestic violence.
B. The court shall consider evidence of domestic violence as being contrary to the best interests of the child. The court shall consider the safety and well‑being of the child and of the victim of the act of domestic violence to be of primary importance. The court shall consider a perpetrator's history of causing or threatening to cause physical harm to another person.
C. To determine if a person has committed an act of domestic violence the court, subject to the rules of evidence, shall consider all relevant factors including the following:
1. Findings from another court of competent jurisdiction.
2. Police reports.
3. Medical reports.
4. Child protective services records.
5. Domestic violence shelter records.
6. School records.
7. Witness testimony.
D. If the court determines that a parent who is seeking sole or joint legal decision-making has committed an act of domestic violence against the other parent, there is a rebuttable presumption that an award of sole or joint legal decision-making to the parent who committed the act of domestic violence is contrary to the child's best interests. This presumption does not apply if both parents have committed an act of domestic violence. For the purposes of this subsection, a person commits an act of domestic violence if that person does any of the following:
1. Intentionally, knowingly or recklessly causes or attempts to cause sexual assault or serious physical injury.
2. Places a person in reasonable apprehension of imminent serious physical injury to any person.
3. Engages in a pattern of behavior for which a court may issue an ex parte order to protect the other parent who is seeking child custody legal decision-making or to protect the child and the child's siblings.
E. To determine if the parent has rebutted the presumption the court shall consider all of the following:
1. Whether the parent has demonstrated that being awarded sole or joint legal decision-making or substantially equal parenting time is in the child's best interests.
2. Whether the parent has successfully completed a batterer's prevention program.
3. Whether the parent has successfully completed a program of alcohol or drug abuse counseling, if the court determines that counseling is appropriate.
4. Whether the parent has successfully completed a parenting class, if the court determines that a parenting class is appropriate.
5. If the parent is on probation, parole or community supervision, whether the parent is restrained by a protective order that was granted after a hearing.
6. Whether the parent has committed any further acts of domestic violence.
F. If the court finds that a parent has committed an act of domestic violence, that parent has the burden of proving to the court's satisfaction that parenting time will not endanger the child or significantly impair the child's emotional development. If the parent meets this burden to the court's satisfaction, the court shall place conditions on parenting time that best protect the child and the other parent from further harm. The court may:
1. Order that an exchange of the child must occur in a protected setting as specified by the court.
2. Order that an agency specified by the court must supervise parenting time. If the court allows a family or household member to supervise parenting time, the court shall establish conditions that this person must follow during parenting time.
3. Order the parent who committed the act of domestic violence to attend and complete, to the court's satisfaction, a program of intervention for perpetrators of domestic violence and any other counseling the court orders.
4. Order the parent who committed the act of domestic violence to abstain from possessing or consuming alcohol or controlled substances during parenting time and for twenty‑four hours before parenting time.
5. Order the parent who committed the act of domestic violence to pay a fee for the costs of supervised parenting time.
6. Prohibit overnight parenting time.
7. Require a bond from the parent who committed the act of domestic violence for the child's safe return.
8. Order that the address of the child and the other parent remain confidential.
9. Impose any other condition that the court determines is necessary to protect the child, the other parent and any other family or household member.
G. The court shall not order joint counseling between a victim and the perpetrator of domestic violence. The court may provide a victim with written information about available community resources related to domestic violence.
H. The court may request or order the services of the division of children and family services in the department of economic security if the court believes that a child may be the victim of child abuse or neglect as defined in section 8‑201.
I. In determining whether the absence or relocation of a parent shall be weighed against that parent in determining legal decision-making or parenting time, the court may consider whether the absence or relocation was caused by an act of domestic violence by the other parent.
Sec. 16. Section 25-403.06, Arizona Revised Statutes, is amended to read:
25-403.06. Parental access to prescription medication and records
A. Unless otherwise provided by court order or law, on reasonable request both parents are entitled to have equal access to prescription medication, 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 with joint legal custody decision-making shall not designate one pharmacy in a single location as the only source of the child's prescription medication without the agreement of the other parent.
D. A parent who attempts to restrict the release of documents or information by the custodian or attempts to withhold prescription medication without a prior court order is subject to appropriate legal sanctions.
Sec. 17. Section 25-404, Arizona Revised Statutes, is amended to read:
25-404. Temporary orders
A. A party to a legal decision-making and parenting time proceeding may move for a temporary order. This motion must be supported by pleadings as provided in section 25‑411. The court may award temporary legal decision‑making and parenting time under the standards of section 25‑403 after a hearing, or, if there is no objection, solely on the basis of the pleadings.
B. If a proceeding for dissolution of marriage or legal separation is dismissed, any temporary legal decision-making or parenting time order is vacated unless a parent or the child's custodian moves that the proceeding continue as a legal decision-making or parenting time proceeding and the court finds, after a hearing, that the circumstances of the parents and the best interest of the child require that a legal decision-making or parenting time plan decree be issued.
C. If a legal decision-making or parenting time proceeding commenced in the absence of a petition for dissolution of marriage or legal separation is dismissed, any temporary custody legal decision-making order thereby is vacated. END_STATUTE
Sec. 18. Section 25-406, Arizona Revised Statutes, is amended to read:
25-406. Investigations and reports
A. In contested legal decision-making and parenting time proceedings, and in other custody legal decision-making or parenting time proceedings if a parent or the child's custodian so requests, the court may order an investigation and report concerning legal decision-making or parenting time arrangements for the child. The investigation and report may be made by the court social service agency, the staff of the juvenile court, the local probation or welfare department or a private person. The report must include a written affirmation by the person completing the report that the person has met the training requirements prescribed in subsection C.
B. If an investigation and report are ordered pursuant to this section or if the court appoints a family court advisor, the court shall allocate cost based on the financial circumstances of both parties.
C. The court shall require a court appointed attorney for a child, a court appointed advisor or any person who conducts an investigation or prepares a report pursuant to this section to receive training that meets the minimum standards prescribed by the domestic relations committee established pursuant to section 25‑323.02 as follows:
1. Six initial hours of training on domestic violence.
2. Six initial hours of child abuse training.
3. Four subsequent hours of training every two years on domestic violence and child abuse.
D. A person who has completed professional training to become licensed or certified may use that training to completely or partially fulfill the requirements in subsection C if the training included at least six hours each on domestic violence and child abuse and meets the minimum standards prescribed by the domestic relations committee. Subsequent professional training in these subject matters may be used to partially or completely fulfill the training requirements prescribed in subsection C if the training meets the minimum standards prescribed by the domestic relations committee.
E. A physician who is licensed pursuant to title 32, chapter 13 or 17 is exempt from the training requirements prescribed in subsection C.
F. In preparing a report concerning a child, the investigator may consult any person who may have information about the child or the child's potential legal decision-making and parenting time arrangements.
G. The court shall mail the investigator's report to counsel at least ten days before the hearing. The investigator shall make available to counsel the names and addresses of all persons whom the investigator has consulted. Any party to the proceeding may call for examination of the investigator and any person consulted by the investigator.
Sec. 19. Section 25-407, Arizona Revised Statutes, is amended to read:
25-407. Legal decision-making and parenting time hearings; priority; costs; record
A. Legal decision-making and parenting time proceedings shall receive priority in being set for hearing.
B. The court may tax as costs the payment of necessary travel and other expenses incurred by any person whose presence at the hearing the court deems necessary to determine the best interest of the child.
C. The court, without a jury, shall determine questions of law and fact. If it finds that a public hearing may be detrimental to the child's best interest, the court may exclude the public from a custody legal decision-making or parenting time hearing, but may admit any person who has a direct and legitimate interest in the particular case or a legitimate educational or research interest in the work of the court.
D. If the court finds that to protect the child's welfare, the record of any interview, report, investigation or testimony in a legal decision‑making or parenting time proceeding should be kept secret, the court may then make an appropriate order sealing the record.
Sec. 20. Section 25-508, Arizona Revised Statutes, is amended to read:
25-508. Enforcement of support orders; fee prohibition
A. Any judgment, order or decree, whether arising from a dissolution, divorce, separation, annulment, custody legal decision-making or parenting time determination, paternity or maternity determination or dependency proceeding or from a uniform interstate enforcement of support act proceeding and any interlocutory support award in any such proceeding or in any other proceeding regarding support that provides for alimony, spousal maintenance or child support may be enforced as a matter of right by lien, execution, attachment, garnishment, levy, appointment of a receiver, provisional remedies or any other form of relief provided by law as an enforcement remedy for civil judgments. An affidavit regarding all payments in default under the support order, along with a copy of the underlying support order, shall be filed with the clerk of the superior court along with the appropriate writ, application, petition or motion.
B. Notwithstanding any law to the contrary, a department of this state or its political subdivisions shall not charge the department or its agents a fee for performing an act necessary to enforce a support order as provided by this section.
Sec. 21. Section 25-509, Arizona Revised Statutes, is amended to read:
25-509. Representation by attorney general or county attorney; modification of order by attorney general or county attorney
A. The attorney general or county attorney on behalf of this state may initiate an action or intervene in an action to establish, modify or enforce a duty of child support, including medical support, regardless of the welfare or nonwelfare status of the person to whom the duty of support is owed. The attorney general or county attorney may establish, modify or enforce such a duty of support by all means available, including all civil and criminal remedies provided by law. An attorney‑client relationship does not exist between the attorney and an applicant or recipient of child support enforcement services.
B. This state may initiate an action or may intervene in an action involving child support. Intervention by the state in an existing action is by unconditional right and is accomplished by the state filing an entry of appearance.
C. The attorney general or county attorney shall not seek or defend any ancillary matters, such as custody legal decision-making or parenting time, raised in these proceedings. The attorney general or county attorney may petition for modification of child support or medical support for children.
Sec. 22. Section 25-803, Arizona Revised Statutes, is amended to read:
25-803. Persons who may originate proceedings; legal decision‑making; 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 legal decision-making and specific parenting time be determined as a part of the proceeding. When paternity is established the court may award legal decision-making 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 legal decision‑making 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 decision-making unless otherwise ordered by the court.
E. The services of the conciliation court may be used in regard to disputed matters of legal decision-making and parenting time.
Sec. 23. Section 25-810, Arizona Revised Statutes, is amended to read:
25-810. Liability of parents if putative mother or father is a minor; periodic payments
A. Except as provided pursuant to section 25‑501, subsection F, the parent or parents having custody legal decision-making or control of the putative mother or father may be joined as respondents in the action if the putative mother or father is a minor or was a minor at the time the action was commenced. The parents may be held jointly and severally liable with the minor until the minor reaches the age of majority.
B. The court may order that a judgment made against a parent pursuant to this section be satisfied through periodic payments as other child support orders.
C. In addition to the enforcement of support remedies provided pursuant to section 25‑508, an order made pursuant to this section that provides for periodic payments shall be enforced pursuant to this chapter.
Sec. 24. Section 25-812, Arizona Revised Statutes, is amended to read:
25-812. Voluntary acknowledgment of paternity; action to overcome paternity
A. This state or the parent of a child born out of wedlock may establish the paternity of a child by filing one of the following with the clerk of the superior court, the department of economic security or the department of health services:
1. A notarized or witnessed statement that contains the social security numbers of both parents and that is signed by both parents acknowledging paternity or two separate substantially similar notarized or witnessed statements acknowledging paternity. If the voluntary acknowledgment is filed with the court, the filing party must redact any social security numbers and file them separately pursuant to section 25‑501, subsection G. If another man is presumed to be the child's father pursuant to section 25‑814, an acknowledgment of paternity is valid only with the presumed father's written consent or as prescribed pursuant to section 25‑814. A statement that is witnessed by an employee of the department of economic security or the department of health services or by an employee of a hospital must contain the printed name and residential or business address of the witness. A statement that is witnessed by any other person must contain the printed name and residential address of the witness. If the acknowledgment of paternity is witnessed, the witness must be an adult who is not related to either parent by blood or by marriage.
2. An agreement by the parents to be bound by the results of genetic testing including any genetic test previously accepted by a court of competent jurisdiction, or any combination of genetic testing agreed to by the parties, and an affidavit from a certified laboratory that the tested father has not been excluded.
B. On filing a document required in subsection A of this section with the clerk of the superior court, the clerk or authorized court personnel shall issue an order establishing paternity, which may amend the name of the child or children, if requested by the parents. The clerk shall transmit a copy of the order of paternity to the department of health services and the department of economic security.
C. On entry of an order by the clerk of the superior court, the paternity determination has the same force and effect as a judgment of the superior court. In a non‑title IV‑D case, the clerk shall transmit a copy of an order granted under this subsection to the state title IV‑D agency. The case filing fee prescribed by section 12‑284 shall not be charged to any person who, in the same county, initiates or responds to a proceeding to establish child support or to obtain an order for custody legal decision‑making or parenting time within ninety days after an order establishing paternity is issued under subsection B of this section.
D. A voluntary acknowledgment of paternity executed pursuant to subsection A, paragraph 1 of this section may be filed with the department of economic security, which shall provide a copy to the department of health services. A voluntary acknowledgment of paternity made pursuant to this section is a determination of paternity and has the same force and effect as a superior court judgment.
E. Pursuant to rule 85(c) of the Arizona rules of family law procedure, the mother, father or child, or a party to the proceeding on a rule 85(c) motion, may challenge a voluntary acknowledgment of paternity established in this state at any time after the sixty day period only on the basis of fraud, duress or material mistake of fact, with the burden of proof on the challenger and under which the legal responsibilities, including child support obligations of any signatory arising from the acknowledgment shall not be suspended during the challenge except for good cause shown. The court shall order the mother, her child or children and the alleged father to submit to genetic testing and shall direct that appropriate testing procedures determine the inherited characteristics, including blood and tissue type. If the court finds by clear and convincing evidence that the genetic tests demonstrate that the established father is not the biological father of the child, the court shall vacate the determination of paternity and terminate the obligation of that party to pay ongoing child support. An order vacating the determination of paternity operates prospectively only and does not alter the obligation to pay child support arrearages or, unless otherwise ordered by the court, any other amount previously ordered to be paid pursuant to section 25‑809.
F. Before signing a voluntary acknowledgment of paternity pursuant to this section, the parties shall be provided notice of the alternatives to, the legal consequences of and the rights and responsibilities that arise from signing the acknowledgment.
G. The department of economic security shall notify the department of health services of all paternity determinations and rescissions.
H. The mother or the father may rescind the acknowledgment of paternity within the earlier of:
1. Sixty days after the last signature is affixed to the notarized acknowledgment of paternity that is filed with the department of economic security, the department of health services or the clerk of the court.
2. The date of a proceeding relating to the child, including a child support proceeding in which the mother or father is a party.
I. A rescission authorized pursuant to subsection H of this section must be in writing and a copy of each rescission of paternity shall be filed with the department of economic security. The department of economic security shall mail a copy of the rescission of paternity to the other parent and to the department of health services.
J. Voluntary acknowledgments of paternity and rescissions of paternity filed pursuant to this section shall contain data elements in accordance with the requirements of the United States secretary of health and human services.
Sec. 25. Section 25-817, Arizona Revised Statutes, is amended to read:
25-817. Temporary orders; presumption of paternity
A. Pending a judicial determination of paternity, the court shall issue a temporary order of support, and may issue a temporary order regarding custody legal decision-making and parenting time, if any of the following applies:
1. Genetic testing affirms at least a ninety‑five per cent probability of paternity.
2. A notarized or witnessed statement is signed by both parents acknowledging paternity or separate substantially similar notarized or witnessed statements are signed acknowledging paternity and filed with the department of health services pursuant to section 36‑334 or filed with the department of economic security.
3. The respondent admits or does not deny paternity in a written response filed with the clerk of the court.
B. A temporary order issued pursuant to this section does not prejudice the rights of a person or child that are adjudicated at subsequent hearings in the proceeding.
C. A temporary order issued pursuant to this section may be revoked or modified and terminates when the final support, custody legal decision-making or parenting time order is entered or when the petition for support, custody legal decision‑making or parenting time is dismissed.
