HB2094 proposes amendments to the Arizona Revised Statutes regarding legal decision-making and parenting time in family law cases. The bill introduces a significant change by granting children aged 14 and older, who are of suitable maturity, the right to select their custodial parent for custody and parenting time. This choice by the child is presumed to be correct unless the court finds it not to be in the child's best interests. For children under 14 but mature enough, the court is required to strongly consider the child's wishes, again unless it is not in the child's best interests.
Additionally, the bill mandates that upon the child's request, the court must interview the child in chambers to ascertain their wishes regarding custody and parenting time, as well as to determine if any domestic violence or child abuse has occurred. This is a departure from the current law, which allows but does not require such an interview. The bill thus shifts the emphasis towards considering the child's preferences in custody and parenting time decisions, provided that the child is of a suitable age and maturity.
Statutes affected: Introduced Version: 25-403, 25-405, 25-403.03, 13-2907.02