This bill proposes to amend current statutes by adding a new section, 25-407.01, to the Arizona Revised Statutes, specifically addressing legal decision-making and parenting time in cases of parental alienation. Under the new provisions, courts are required to make specific findings of fact regarding claims of parental alienation during proceedings to establish or modify legal decision-making or parenting time. These findings must include the identification of behaviors by the favored parent that constitute parental alienation, an explanation of how these behaviors contributed to the child's rejection of the nonfavored parent, and a description of the disproportionate nature of the child's rejection. Additionally, the court must acknowledge the distinction between parental alienation and estrangement.
The bill also stipulates that the court must weigh the intent and recklessness of the favored parent's behavior and may not find parental alienation if the favored parent can demonstrate a reasonable cause for the child's rejection. It establishes requirements for expert testimony related to parental alienation and allows the nonfavored parent to seek appellate relief if the court fails to comply with these requirements. Definitions for key terms such as "estrangement," "favored parent," "nonfavored parent," and "parental alienation" are also provided to clarify the application of the law.
Statutes affected: Introduced Version: 25-407.01