ARIZONA STATE SENATE
Phoenix, Arizona
divorce; visitation pending
final decree.
Requires
equal parenting time for the parties to 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 that neither party may deny the other party equal residential time
with the child. The effect is that both parties have equal parenting time with
the child, at least until the court issues final orders, unless both parties
agree in writing to waive this. 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 forbid one party to dissolution of marriage from denying the other party equal residential time with a child.
2. Places this provision 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 equal residential time 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
March 2, 2001