ARIZONA STATE SENATE
Phoenix, Arizona
divorce;
visitation pending final decree.
Prohibits
equal residential time for the respondent in a dissolution of marriage unless
both parties waive the prohibition in writing.
Statutes governing child
custody allow the court to order sole or joint custody, with no presumption in
favor of one arrangement over the other. They also prohibit the court from
preferring a parent because of that parent’s sex.
The court may order joint
custody only if both parents agree and submit a written parenting plan and the
court finds such an order is in the best interests of the child. The court is required to consider all relevant
factors including evidence of domestic violence, drug offenses, the wishes of
the parents and the child, the mental and physical health of all individuals,
the child’s adjustment in the home, school and community, coercion or duress,
who provides primary care and which parent is more likely to allow meaningful
contact with the other parent.
The preliminary injunction
issued when a petition for dissolution, separation or annulment is filed
remains in effect until the final order of dissolution, separation or annulment
or the action is terminated. It was
instituted in 1973 to ensure that community property was not consumed, sold or
transferred to avoid distribution.
The bill places a new
provision in the preliminary injunction denying the “other party” equal
residential time with the child. It
appears that the “other person” is the respondent in the matter. The effect is
that the petitioning party has sole custody of the child, at least until the
court issues final orders. The bill also requires the court to decide whether
liquid assets are listed in the motion to divide liquid assets.
The fiscal impact of this
bill is not known.
1. Requires the court to deny one party to dissolution of marriage equal residential time with a child.
2. Requires the denial to be in the preliminary injunction, effective when the petition is filed until the final decree is filed or the action is dismissed.
3. Allows waiver of the denial if both parties agree in writing.
4. Requires the court to decide whether liquid assets of the parties should be included in the motion to divide liquid assets.
5. Makes a conforming change.
6. Provides for a general effective date.
Prepared by Senate Staff
January 29, 2001