HB2642: custody; parenting time; child preference

Sponsor: Representative Bolick, LD 20

House Engrossed

Overview

States that in the determination of custody and parenting time, a child at least 14 years of age has the right to select the parent. Requires the court to strongly consider the custody and parenting time wishes of a child under 14 years old.

History

The court determines custody and parenting time with the child's best interest in mind. The court considers:

1)   The relationship between the parent and the child;

2)   The interaction and interrelationship of the child with any individual who may significantly affect the child's best interest;

3)   The child's adjustment to the community;

4)   The custody and parenting wishes of a child who is of suitable age and maturity;

5)   The mental and physical health of all individuals involved;

6)   Which parent is more likely to allow the child meaningful contact with the other parent;

7)   Whether one parent intentionally misled or coerced the court;

8)   Whether there has been domestic violence or child abuse;  

9)   Whether a parent has complied with domestic relations education on children's issues; and

10) Whether either parent was convicted of an act of false reporting of child abuse (A.R.S.   25-403).

The court may interview the child to determine the child's custody and parenting time wishes (A.R.S.   25-405).

Provisions

1.   Establishes that in the determination of custody and parenting time, a child at least 14 years old has the right to select the parent. (Sec. 1)

2.   Specifies that the child's wishes are considered presumptive unless the court determines that the child's wishes are not in the child's best interest. (Sec. 1)

3.   Requires the court to strongly consider a child's wishes under the threshold unless the court determines the child's wishes are not in the child's best interest. (Sec. 1)

4.   Conditions the court to interview the child following the child's request when determining the child's custody and parenting time wishes. (Sec. 2)

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8.                                     HB 2642

9.   Initials LC/DG             Page 0 House Engrossed

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