SB 1720

Senate Engrossed
equal parenting time;
  best interests
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1720
AN
ACT
amending sections 25-403, 25-403.01
and 25-403.02, arizona revised statutes; amending title 25, chapter 4,
article 1, arizona revised statutes, by adding section 25-403.11;
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 25-403, Arizona Revised
Statutes, is amended to read:
START_STATUTE25-403. Legal decision-making; best interests of child
A. The court shall determine legal decision-making and parenting time, either originally or on petition for
modification, in accordance with the best interests of the child. The
court shall consider all factors that are relevant to the child's physical and
emotional well-being, including:
1. The past, present and potential future
relationship between the parent and the child.
2. 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 interests.
3. The child's adjustment to home, school and
community.
4. If the child is of suitable age and maturity, the
wishes of the child as to legal decision-making and parenting
time.
5. The mental and physical health of all individuals
involved.
6. Which parent is more likely to allow the child
frequent, meaningful and 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 intentionally misled the court
to cause an unnecessary delay, to increase the cost of litigation or to
persuade the court to give a legal decision-making or a parenting
time preference to that parent.
8. Whether there has been domestic violence or child
abuse pursuant to section 25-403.03.
9. The nature and extent of coercion or duress used
by a parent in obtaining an agreement regarding legal decision-making or parenting time.
10. Whether a parent has complied with chapter 3,
article 5 of this title.
11. Whether either parent was convicted of an act of
false reporting of child abuse or neglect under section 13-2907.02.
12. The child's age, developmental
stage, developmental needs, existing parental bonds and attachment
relationships, including the child's need for stability, continuity of care and
EMOTIONAL security.
B. In a contested legal decision-making or parenting time 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. END_STATUTE
Sec. 2. Section 25-403.01, Arizona Revised Statutes, is amended to read:
START_STATUTE25-403.01. Sole and joint legal decision-making and parenting time
A. In awarding legal decision-making, the court may
order sole legal decision-making or joint legal decision-making.
B. In determining the level of legal
decision-making that is in the child's best interests, the court shall consider
the factors prescribed in section 25-403, subsection A and all of the
following:
1. The agreement or lack of an agreement by the
parents regarding joint legal decision-making.
2. Whether a parent's lack of an agreement is
unreasonable or is influenced by an issue not related to the child's best
interests.
3. The past, present and future abilities of the
parents to cooperate in legal decision-making about the
child to the extent required by the order of joint legal decision-making.
4. Whether the joint legal decision-making
arrangement is logistically possible.
C. An order for sole legal decision-making does not
allow the parent designated as sole legal decision-maker to alter unilaterally
a court-ordered parenting time plan.
D. A parent who is not granted sole legal
decision-making or joint legal decision-making is entitled to reasonable parenting time pursuant to section 25-403.11
to ensure that the minor child has substantial, frequent, meaningful and
continuing contact with the parent unless the court finds, after a hearing,
that parenting time would endanger the child's physical, mental, moral or
emotional health. END_STATUTE
Sec. 3. Section 25-403.02, Arizona Revised
Statutes, is amended to read:
START_STATUTE25-403.02. Parenting plans
A. If the child's parents cannot agree on a plan for
legal decision-making or parenting time, each parent must submit a
proposed parenting plan.
B. Consistent with the child's best interests as prescribed in section sections
25-403 and 25-403.11 and sections 25-403.03,
25-403.04 and 25-403.05, the court shall adopt a parenting plan
that provides for both parents to share legal decision-making regarding
their child and that maximizes their respective parenting time. The
court shall not prefer a parent's proposed plan because of the parent's or
child's gender.
C. Parenting plans shall include at least the
following:
1. A designation of the legal decision-making as
joint or sole as defined in section 25-401.
2. A description of each parent's rights and
responsibilities for the personal care of the child and for decisions in areas
such as education, health care and religious training.
3. A practical schedule of parenting time for the
child, including holidays and school vacations.
4. A procedure for the exchanges of the child,
including location and responsibility for transportation. The parenting plan must
specify when whether the exchange is
required to take place at a safe exchange location pursuant to section
25-403.10.
5. A procedure by which proposed changes, relocation
of where a child resides with either parent pursuant to section 25-408,
disputes and alleged breaches may be mediated or resolved, which may include
the use of conciliation services or private counseling.
6. A procedure for periodic review of the parenting plan's terms by the parents.
7. A procedure for parents to communicate with each
other about the child, including methods and frequency.
8. A statement that each party has read, understands
and will abide by the notification requirements of section 25-403.05,
subsection B.
D. If the parents are unable to agree on any element
to be included in a parenting plan, the court shall determine that
element. The court may determine other factors that are necessary to
promote and protect the emotional and physical health of the child.
E. Shared legal decision-making does not necessarily
mean equal parenting time. END_STATUTE
Sec. 4. Title
25, chapter 4, article 1, Arizona Revised Statutes, is amended by adding
section 25-403.11, to read:
START_STATUTE25-403.11. Parenting time; equal time; best interests of child; definitions
A. In any parenting time proceeding,
the court shall presume that an award of equal parenting time is in the best
interests of the child if both of the following apply:
1. Both parents are determined by the
court to be fit parents who are willing and able to share equal parenting time.
2. Both parents reside within twenty-five
miles of the child's school or other educational setting.
B. The presumption that equal
parenting time is in the best interests of the child may be rebutted by a preponderance of the evidence. If the court enters a parenting time
award that does not include equal parenting time, The court shall make specific
findings on the record about all relevant factors and the reasons for which an
award of equal parenting time is not in the best interests of the
child. In determining that an award of equal parenting time is not
in the best interests of the child, the court:
1. may consider the following
factors:
(a) Whether
there has been domestic violence or child abuse by either parent.
(b) Whether
there has been ongoing abuse of drugs or alcohol BY either parent.
(c) The mental
health of both parents.
(d) The
geographic location of both parents.
(e) Whether
there has been interference by one parent with the other parent's relationship
with the child.
(f) The
provisions of section 25-403.05.
2. Shall consider the child's age,
developmental stage, attachment needs and ability to tolerate frequent
transitions between households.
3. For children of a young age or
with special developmental needs, shall prioritize stability, continuity of
care and the child's emotional security.
C. TheRE IS NOT A presumption of
equal parenting time in any of the following CIRCUMSTANCES:
1. the court makes a finding of the
existence of SIGNIFICANT domestic violence pursuant to section 13-3601 or the
court finds by a preponderance of the evidence that there has been a
significant history of domestic violence as described in section 25-403.03.
2. There is a current or prior order
of protection or injunction against HARASSMENT involving the child or other
parent.
3. The court finds that equAL
PARENTING TIME WOULD ENDANGER THE CHILD'S PHYSICAL, MENTAL, MORAL OR EMOTIONAL
HEALTH.
4. a PARENT HAS BEEN ORDERED TO
COMPLETE DOMESTIC VIOLENCE OFFENDER TREATMENT, SUBSTANCE ABUSE TREATMENT,
MENTAL HEALTH TREATMENT OR ANY OTHER COURT-ORDERED INTERVENTION. tHIS
PARAGRAPH DOES NOT APPLY IF THE COURT MAKES SPECIFIC WRITTEN FINDINGS THAT THE
PARENT HAS DONE ALL OF THE FOLLOWING:
(a) Successfully
completed all court-ordered programs in full.
(b) Demonstrated
meaningful behavioral change.
(c) Complied
with all terms of the court's prior orders.
(d) Not engaged
in any further acts of domestic violence, coercive control, harassment or
endangering conduct.
(e) Established
by clear and convincing evidence that equal parenting time would not endanger
the child's physical, mental, moral or emotional health.
5. The child is less than six years
of age.
6. The arrangement would be
developmentally inappropriate or detrimental to the child.
d. IF BOTH PARENTS VOLUNTARILY AGREE
TO EQUAL PARENTING TIME AND THE COURT FINDS THAT THE AGREEMENT IS KNOWING,
VOLUNTARY AND IN THE CHILD'S BEST INTERESTS, THE COURT MAY ORDER EQUAL
PARENTING TIME. �IF THE CHILD IS OF SUITABLE AGE AND MATURITY, THE COURT MAY
CONSIDER THE CHILD'S WISHES IN APPROVING the parental AGREEMENT. �THE COURT may
NOT ORDER EQUAL PARENTING TIME OVER THE OBJECTION OF A CHILD OF SUITABLE AGE
AND MATURITY UNLESS THE COURT MAKES SPECIFIC FINDINGS THAT the ORDER WILL NOT
ENDANGER THE CHILD. �THE COURT SHALL ENSURE THAT THE CHILD'S WISHES ARE FREELY
EXPRESSED AND are NOT THE RESULT OF COERCION, PRESSURE OR UNDUE INFLUENCE BY
EITHER PARENT. THIS SECTION does not PREVENT THE COURT FROM
APPROVING EQUAL PARENTING TIME WHEN BOTH PARENTS AGREE AND THE COURT FINDS THAT
the ARRANGEMENT IS SAFE AND IN THE CHILD'S BEST INTERESTS.
E. this section does not limit the
court's authority or OBLIGATION to protect the child's safety as the primary
consideration when determining parenting time. BEFORE applying the presumption
of equal parenting time, the court shall make a SPECIFIC FINDING that both
parents are safe and do not POSE a risk of harm to the child.
F. For the purposes of this section:
1. "Equal parenting time"
means that each parent is awarded at least forty-five percent of
overnight visits with the child annually, allowing for adjustments for
holidays, the child's school schedule and the parent's employment.
2. "Fit parent" means a
parent who has not been found to have committed domestic violence as defined in
section 13-3601, abuse or neglect as defined in section 8-201 or other conduct
that would endanger the child. END_STATUTE
Sec. 5. Section 25-408, Arizona Revised
Statutes, is amended to read:
START_STATUTE25-408. Rights of each parent; parenting time; relocation of child;
exception; attorney fees; costs; access to prescription medication and records
A. If by written agreement or court order both
parents are entitled to joint legal decision-making or parenting time and both
parents reside in the this state, at
least forty-five 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 this state.
2. Relocate the child more than one hundred miles
within the this
state.
B. The notice required by this section shall be made
by certified mail, return receipt requested, or pursuant to the Arizona rules
of family law procedure. The court shall sanction a parent who,
without good cause, does not comply with the notification requirements of this
subsection. 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. If a child is relocated pursuant to this section,
unless otherwise ordered by the court, all parties must continue to comply with
current court orders, regardless of distance moved or notice required.
F. 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, safety, employment or eviction of that
parent or that parent's spouse to relocate in less than forty-five 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, safety, employment or eviction of that parent or that parent's spouse
to relocate in less than forty-five 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 allow relocation of the child.
G. 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.
H. 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.
I. In determining the child's best interests, the court shall consider all relevant factors,
including:
1. The factors prescribed under
section in sections 25-403 and 25-403.11.
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.
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.
J. 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.
K. 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 endanger the child's or
a parent's physical, mental, moral or emotional health. END_STATUTE
Sec. 6. Legislative findings
The legislature finds:
1. That the public
policy of this state is to promote the best interests of the child by
encouraging frequent, meaningful and continuing contact with both parents
following a legal separation or dissolution of marriage.
2. That children
benefit emotionally, academically and developmentally when both parents are
significantly involved in the child's life.
3. That equal parenting
time reduces conflict, fosters stability and safeguards the fundamental rights
of both the child and the child's parents.
4. That a rebuttable
presumption that equal parenting is in the best interests of the child reduces
unnecessary litigation and protects children from adversarial custody disputes.
Sec. 7. Short title
This act may be cited as the
"Arizona Equal Shared Parenting Act".