Recent Legislation

Posted on May 13, 2010 by Alexander D. Nirenstein

Arizona Bills passed affecting divorce and child custody law include:

  1. The Court must now make specific findings regarding its disposition of community property and debts;
  2. The court is prohibited from awarding sole legal custody unless a finding is made that a parent is unfit or incapable of being a parent (unless both parents agree to sole legal custody);
  3. The court must make specific findings in its rulings regarding parental fitness, parenting time and custody;
  4. While the statute now creates a presumption that joint legal custody is in the best interests of children, it does not create a presumption of joint physical (i.e. 50-50 parenting time) custody.

For more information, see SB1314.

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