ARIZONA STATE SENATE
Phoenix, Arizona
REVISED
military deployment; child
custody
Purpose
Specifies, for purposes to
modify a custody decree, military deployment of the custodial parent does not
constitute a substantial change in circumstance if the custodial parent has
filed a military family care plan with the court at a previous custody
proceeding and the military deployment is less than six months.
The United States Armed
Services requires a family care plan for military personnel who are: (1) single
parents; (2) a military couple 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 A.R.S. § 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 eliminates
military deployment of less than six months from consideration as substantial
change in circumstance if a military family care plan has been filed in a
previous custody proceeding. There is
no anticipated fiscal impact for this legislation.
Provisions
1. Stipulates that military deployment of the custodial parent is not a substantial change in circumstances that affects the welfare of the child if the custodial parent has filed a military family care plan with the court in a previous custody proceeding and the military deployment is less than six months.
2. Makes technical changes.
3. Provides for a general effective date.
Amendments Adopted by Committee
· Restricts application to military deployment that is less than six months.
Senate Action
FS 1/30/02 DPA 5-0-1-0
Prepared by Senate Staff
January 30, 2002