Assigned to FS                                                                                                                   AS PASSED BY THE SENATE

 

 

ARIZONA STATE SENATE

Phoenix, Arizona

 

REVISED

FACT SHEET FOR S.B. 1021

 

child custody; military deployment

 

Purpose

 

Requires the court, in matters of a custodial parent’s military deployment, to consider the custodial parent’s military family care plan in determining custody in the child’s best interest during the custodial parent’s deployment.  

 

Background

 

The United States Armed Services requires a family care plan for military personnel who are (1) single parents; (2) military couples responsible for nonmilitary family members who physically reside in their household; or (3) people with special circumstances determined by their commander.   The family care plan is used to ensure adequate care arrangements are made for the military personnel’s family in the event they are selected for permanent change in station or temporary duty.  The family care plan designates a person to care for family members when a member of the military is absent fulfilling a military obligation.  In addition, the plan outlines the legal, medical, housing, educational, monetary and religious arrangements for the care of the military member’s family members.

 

Statute dictates that the court determine custody, either originally or upon petition for modification, with the best interests of the child in mind.  Noncustodial parents have the right to petition for a change in custody when there is a substantial change in circumstance.  According to ARS § 25-415.B, to award custody to a nonparent, the court must see clear and convincing evidence that awarding custody to the child’s legal parent is not in the best interests of the child.

 

This legislation would require the court to consider the military custodial parent’s family care plan during the custodial parent’s deployment.  There is no anticipated fiscal impact for this legislation.

 

Provisions

 

1.      Requires the court to consider a custodial parent’s military family care plan in determining the best interest for the child during the custodial parent’s military deployment. 

 

2.      Provides for a general effective date.

 

Amendments Adopted by Committee of the Whole

 

·        Removes language prohibiting a judge from assuming that a modification of custody in favor of a noncustodial parent is in the child's best interest in a military deployment case.

 

Senate Action

 

FS                    1/16/02            DP       3-2-1-0

3rd Read           1/28/02                        22-5-3-0

 

 

Prepared by Senate Staff

January 29, 2002