APPENDIX A: USEFUL ARIZONA STATUTES (The Law)

A.R.S. §25-211. Property Acquired During Marriage as Community Property; Exceptions; Effect of Service of a Petition

• All property acquired by either husband or wife

during the marriage is the community property of the husband and wife except for property that is:

1. Acquired by gift, devise or descent.
2. Acquired after service of a petition for dissolution of marriage, legal separation or annulment if the petition results in a decree of dissolution of marriage, legal separation or annulment.

• Notwithstanding subsection A, paragraph 2, service of   a   petition   for   dissolution   of   marriage,   legal

separation or annulment does not:

• Alter the status of preexisting community property.
• Change the status of community property used to acquire new property or the status of that new property as community property.
• Alter the duties and rights of either spouse with

respect to the management of community property except as prescribed pursuant to section 25-315, subsection    A,    paragraph    1,    subdivision    (a).

A.R.S. §25-213. Separate Property

1. A spouse’s real and personal property that is owned by that spouse before marriage and that is acquired by that spouse during the marriage by gift, devise or descent, and the increase, rents, issues and profits of that property, is the separate property of that spouse.
2. Property that is acquired by a spouse after service of a petition for dissolution of marriage, legal separation or annulment is also the separate property of that spouse if the petition results in a decree of dissolution of marriage, legal separation or annulment.
3. Notwithstanding subsection B of this section and section 25-214, subsection C, a mortgage or deed of trust executed by a spouse who acquires the real property encumbered by that mortgage or deed of trust after service of a petition for dissolution of marriage, legal separation or annulment shall be enforceable against the real property if the petition does not result in a decree of dissolution of marriage, legal separation or annulment.
4. A contribution to an irrevocable trust that has or will have as its principal asset life insurance on the person making the contribution is a contribution of the insured’s separate property if the spouse of the insured is the primary beneficiary of the trust.

A.R.S. §25-215. Liability of Community Property and Separate Property for Community and Separate Debts

1. The separate property of a spouse shall not be liable for the separate debts or obligations of the other

spouse, absent agreement of the property owner to the contrary.

1. The community property is liable for the premarital separate debts or other liabilities of a spouse, incurred after September 1, 1973 but only to the extent of the

value of that spouse’s contribution to the community property which would have been such spouse’s separate property if single.

1. The community property is liable for a spouse’s

debts incurred outside of this state during  the marriage which would have been community debts if

incurred in this state.

1. Except as prohibited in section 25-214, either spouse may contract debts and otherwise act for the benefit of the community. In an action on such a debt or obligation the spouses shall be sued jointly and the debt or obligation shall be satisfied: first, from the community property, and second, from the separate property of the spouse contracting the debt or obligation.

A.R.S. §25-312. Dissolution of Marriage: Findings Necessary

The court shall enter a decree of dissolution of marriage if it finds each of the following:

1. That one of the parties, at the time the action was commenced, was domiciled in this state, or was stationed in this state while a member of the armed services,  and  that  in  either  case  the  domicile  or

military presence has been maintained for ninety days prior to filing the petition for dissolution of marriage.

1. The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not

apply or have been met.

1. The marriage is irretrievably broken or, if the marriage is a covenant marriage, any of the grounds prescribed in section 25-903.
2. To the extent it has jurisdiction to do so, the court has  considered,  approved  and  made  provision  for

child decision-making, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse and the disposition of property.

A.R.S. §25-313: Decree of Legal Separation: Findings Necessary

The court shall enter a decree of legal separation if it finds each of the following:

1. That one of the parties at the time the action was commenced was domiciled in this state or was stationed in this state while a member of the armed

services.

1. The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not apply or have been met.
2. The marriage is irretrievably broken or one or both of the parties desire to live separate and apart or, if the marriage is a covenant marriage, any of the grounds prescribed in section 25-904.
3. The other party does not object to a decree of legal separation. If the other party objects to a decree of

legal separation, on one of the parties meeting the required domicile for dissolution of marriage, the court shall direct that the pleadings be amended to seek a

dissolution of the marriage.

1. To the extent it has jurisdiction to do so, the court has considered, approved or made provisions for child decision-making, the support of any natural or adopted child common  to  the  parties  of  the  marriage  entitled  to support, the maintenance of either spouse and the disposition of the property.

A.R.S. §25-318. Disposition of Property; Retroactivity; Notice to Creditors; Assignment of Debts; Contempt of Court

1. In a proceeding for dissolution of the marriage, or for legal separation, or in a proceeding for disposition of property following dissolution of the marriage by a

court which previously lacked personal jurisdiction over the absent spouse or previously lacked jurisdiction to dispose of the property, the court shall assign each spouse’s sole and separate property to

such spouse. It shall also divide the community, joint tenancy and other property held in common equitably, though not necessarily in kind, without regard to marital misconduct. For the purposes of this section

only, property acquired by either spouse outside this state shall be deemed to be community property if the property would have been community property if acquired in this state.

1. In dividing property, the court may consider all debts and obligations that are related to the property, including accrued or accruing taxes that would become due on the receipt, sale or other disposition of

the property. The court may also consider the exempt status of particular property pursuant title 33, chapter 8.

1. This section does not prevent the court from considering all actual damages and judgments from

conduct that resulted in criminal conviction of either spouse in which the other spouse or a child was the victim or excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of

community, joint tenancy and other property held in common.

1. The community, joint tenancy and other property held in common for which no provision is made in the

decree shall be from the date of the decree held by the parties as tenants in common, each possessed of an undivided one-half interest.

1. The  court  may  impress  a  lien  on  the  separate

property of either party or the marital property awarded to either party in order to secure the payment of:

1. Any interest or equity the other party has in or to the property.
2. Community debts that the court has ordered to be paid by the parties.
3. An allowance for child support or spousal maintenance, or both.
4. All actual damages and judgments from conduct that resulted in criminal conviction of either spouse in

which the other spouse or a child was the victim.

1. The decree or judgment shall specifically describe by legal description any real property affected and shall specifically describe any other property affected.
2. This section applies through both prospective and retrospective operation to property without regard to the date of acquisition.
3. In all actions for the dissolution of marriage or legal

separation, the court shall require the following statement in the materials provided to the petitioner and to be served on the respondent:

Notice

In your property settlement agreement or decree of dissolution or legal separation, the court may assign responsibility for certain community debts to one spouse or the other. Please be aware that a court order that does this is binding on the spouses only and does not necessarily relieve either of you from your responsibility for these community debts. These debts are matters of contract between both of you and your creditors (such as banks, credit unions, credit card issuers, finance companies, utility companies, medical providers and retailers).

Since your creditors are not parties to this court case, they are not bound by court orders or any agreements

you and your spouse reach in this case. On request,

and

who   is   a   duly   authorized

the  court  may  impose  a  lien  against  the  separate property of a spouse to secure payment of debts that

the court orders that spouse to pay.

You may want to contact your creditors to discuss

representative of (creditor).  The undersigned parties agree that the debt owed by

the parties to (creditor) is to be disposed of as follows (check one):

your debts as well as the possible effects of your court The debt is the joint responsibility of the parties,

case on your debts. To assist you in identifying your creditors, you may obtain a copy of your spouse’s

credit report by making a written request to the court

with   payment   to   be   made   on   the   following terms:

The balance of the debt is the sole responsibility of

for  an  order  requiring  a  credit  reporting  agency  to

and the creditor releases

release  the  report  to  you.  Within  thirty  days  after from any further liability for that

receipt of a request from a spouse who is party to a

debt, with payment to be made on the following terms:

dissolution  of  marriage  or  legal  separation  action,

which  includes  the  court  and  case  number  of  the action,  creditors  are  required  by  law  to  provide

information as to the balance and account status of

The debt has been paid in full as of this date.

We the undersigned acknowledge this agreement. Dated: Debtor

any debts for which the requesting spouse may be Creditor’s representative

liable to the creditor. You may wish to use the following form, or one that is similar, to contact your

creditors:

Creditor notification

Date:         Creditor name and Address:   Within thirty days after receipt of this notice, you are requested to provide the balance and account status of any debt identified by account number for which the requesting party may be liable to you.

Name:   Address: (signature)

(printed name)

1. On the written request of any party to a pending dissolution of marriage or legal separation action, the court, except for good cause shown, shall issue an order requiring any credit reporting agency to release the credit report as to the spouse of the requesting party on payment by the requesting party of any customary fee for providing the credit report.
2. On the request of either party and except for good cause shown, the court shall require the parties to submit   a   debt   distribution   plan   that   states   the

following:

• How community creditors will be paid.
• Whether any agreements have been entered into between the parties as to responsibility for the payment of community debts, including what, if any, collateral will secure the payment of the debt.
• Whether the parties have entered into agreements with creditors through which a community debt will be

the sole responsibility of one party.

1. The following form may be used to verify agreements with creditors:

Agreement with creditor

The     parties     to     this     agreement     include   and who are parties to a dissolution of marriage action filed in county superior court, Arizona, case number

Subscribed and sworn to before me this day of

, . Notary Public

1. If the parties are not able to agree to a joint debt distribution plan pursuant to subsection J, the court may order each party to submit a proposed debt distribution plan to the court. In its orders relating to the division of property, the court shall reflect the debt distribution plan approved by the court and shall confirm that any community debts that are made the sole responsibility of one of the parties by agreement with a creditor are the sole responsibility of that party.
2. An agreement with a creditor pursuant to subsection K that assigns or otherwise modifies repayment responsibility for community debts secured

by real property located in this state shall include all of the following:

1. A legal description of the real property.
2. A copy of the note and recorded security instrument, the repayment of which is to be assigned or modified by the agreement with a creditor.
3. A written and notarized acknowledgment that is executed by all parties to the debt, including the lender, and that states one of the following:

1. The terms for the repayment of the debt remain unchanged.
2. The terms for the repayment of the debt have been modified and, beginning on the date of the execution

of the acknowledgment, the creditor has agreed that one of the debtors assumes the sole responsibility for the debt and that the other debtor is released from any further liability on the debt.

1. The debt is paid in full and all parties to the debt are released from any further liability.

1. An agreement executed pursuant to subsection M shall be recorded by either party in the county in which

the real property is located.

1. After an agreement is recorded pursuant to subsection N, either party may request that on payment of the title company’s fees for the document

a title company authorized to do business in this state provide the requesting party with a lien search report or other documentary evidence of liens and other agreements of record in the title to the property.

1. If a party fails to comply with an order to pay debts, the court may enter orders transferring property of that spouse to compensate the other party. If the court

finds that a party is in contempt as to an order to pay community debts, the court may impose appropriate sanctions under the law. A party must bring an action to enforce an order to pay a debt pursuant to this

subsection within two years after the date in which the debt should have been paid in full.

1. Within thirty days after receipt of a written request for information from a spouse who is a party to a dissolution of marriage or legal separation action, which includes the court and case number of the action, a creditor shall provide the balance and account status of any debts of either or both spouses identified by account number for which the requesting spouse may be liable to the creditor.
2. If any part of the court’s division of joint, common or community property is in the nature of child support or spousal maintenance, the court shall make specific

findings of fact and supporting conclusions of law in its decree.

A.R.S. §25-319. Maintenance; Computation Factors

1. In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse for any of the following reasons if it finds that the spouse seeking maintenance:

1. Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse’s

reasonable needs.

1. Is unable to be self-sufficient through appropriate employment or is the custodian of a child whose age or condition is such that the custodian should not be required to seek employment outside  the home or lacks earning ability in the labor market adequate to be self-sufficient.
2. Contributed to the educational opportunities of the other spouse.
3. Had a marriage of long duration and is of an age that    may    preclude    the    possibility    of    gaining

employment adequate to be self-sufficient.

1. The maintenance order shall be in an amount and for a period of time as the court deems just, without regard to marital misconduct, and after considering all relevant factors, including:
   • The standard of living established during the marriage.
   • The duration of the marriage.
   • The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance.
   • The ability of the spouse from whom maintenance

is sought to meet that spouse’s needs while meeting those of the spouse seeking maintenance.

• The comparative financial resources of the spouses, including their comparative earning abilities in the labor market.
• The    contribution    of    the    spouse    seeking

maintenance to the earning ability of the other spouse.

• The extent to which the spouse seeking maintenance has reduced that spouse’s income or career opportunities for the benefit of the other spouse.
• The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children.
• The financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse’s ability to meet that spouse’s own needs independently.
• The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available.
• Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.
• The   cost   for   the   spouse   who   is   seeking

maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved.

• All actual damages and judgments from conduct that results in criminal conviction of either spouse in

which the other spouse or child was the victim.

1. If both parties agree, the maintenance order and a decree of dissolution of marriage or of legal separation may state that its maintenance terms shall not be modified.
2. Except as provided in subsection C of this section or section 25-317, subsection G, the court shall maintain continuing jurisdiction over the issue of maintenance for the period of time maintenance is

awarded.

A.R.S. §25-320. Child Support; Factors; Methods of Payment; Additional Enforcement Provisions; Definitions

1. In a proceeding for dissolution of marriage, legal

separation, maintenance or child support, the court may order either or both parents owing a duty of support to a child, born to or adopted by the parents, to pay an amount reasonable and necessary for support of the child, without regard to marital misconduct.

1. If child support has not been ordered by a child support order and if the court deems child support

appropriate, the court shall direct, using a retroactive application of the child support guidelines to the date of filing a dissolution of marriage, legal separation,

maintenance or child support proceeding, the amount that the parents shall pay for the past support of the child and the manner in which payment shall be paid, taking  into  account  any  amount  of  temporary  or

voluntary support that has been paid. Retroactive child support is enforceable in any manner provided by law.

1. If the parties lived apart before the date of the filing for dissolution of marriage, legal separation, maintenance or child support and if child support has

not been ordered by a child support order, the court may order child support retroactively to the date of separation, but not more than three years before the date  of  the  filing  for  dissolution  of  marriage,  legal

separation, maintenance or child support. The court must first consider all relevant circumstances, including the conduct or motivation of the parties in that  filing  and  the  diligence  with  which  service  of

process was attempted on the obligor spouse or was frustrated by the obligor spouse. If the court determines that child support is appropriate, the court shall direct, using a retroactive application of the child

support guidelines, the amount that the parents must pay for the past support of the child and the manner in which payments must be paid, taking into account any amount of temporary or voluntary support that has

been paid.

1. The supreme court shall establish guidelines for determining the amount of child support. The amount resulting from the application of these guidelines is the amount of child support ordered unless a written finding is made, based on criteria approved by the supreme court, that application of the guidelines would be inappropriate or unjust in a particular case. The supreme court shall review the guidelines at  least once every four years to ensure that their application results in the determination of appropriate child support amounts. The supreme court shall base the guidelines and criteria for deviation from them on all relevant factors, including:

1. The financial resources and needs of the child.
2. The financial resources and needs of the custodial

parent.

1. The standard of living the child would have enjoyed had the marriage not been dissolved.
2. The physical and emotional condition of the child,

and the child’s educational needs.

1. The financial resources and needs of the noncustodial parent.
2. The medical support plan for the child. The plan

should include the child’s medical support needs, the availability of medical insurance or services provided by the Arizona health care cost containment system and whether a cash medical support order is necessary.

1. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.
2. The duration of parenting time and related expenses.

1. Even if a child is over the age of majority when a petition is filed or at the time of the final decree, the court may order support to continue past the age of

majority if all of the following are true:

• The court has considered the factors prescribed in subsection D of this section.
• The child is severely mentally or physically disabled

as demonstrated by the fact that the child is unable to live independently and be self-supporting.

• The child’s disability began before the child reached the age of majority.

1. If a child reaches the age of majority while the child is attending high school or a certified high school equivalency program, support shall continue to be provided  during  the  period  in  which  the  child  is

actually attending high school or the equivalency program but only until the child reaches nineteen years of age unless the court enters an order pursuant to subsection E of this section. Notwithstanding any

other law, a parent paying support for a child over the age of majority pursuant to this section is entitled to obtain all records related to the attendance of the child in the high school or equivalency program.

1. If a personal check for support payments and handling fees is rightfully dishonored by the  payor bank or other drawee, the person obligated to pay support shall make any subsequent support payments

and handling fees only by cash, money order, cashier’s check, traveler’s check or certified check. If a person required to pay support other than by personal check  demonstrates  full  and  timely  payment  for

twenty-four consecutive months, that person may pay support by personal check if these payments are for the full amount, are timely tendered and are not rightfully  dishonored  by  the  payor  bank  or  other

drawee.

1. Subsection G of this section does not apply to payments made by means of an assignment.
2. If after reasonable efforts to locate the obligee the clerk or support payment clearinghouse is unable to deliver payments for the period prescribed in section 25-503 due to the failure of the person to whom the

support has been ordered to be paid to notify the clerk or support payment clearinghouse of a change in address, the clerk or support payment clearinghouse shall not deliver further payments and shall return the

payments to the obligor consistent with the requirements of section 25-503.

1. An order for child support shall assign responsibility for providing medical insurance for the child who is the

subject of the support order and shall assign responsibility for the payment of any medical costs of the child that are not covered by insurance. Each parent shall provide information to the court regarding

the availability of medical insurance for the child that is accessible and available at a reasonable cost. In title IV-D cases, the parent responsible pursuant to court order  for  providing  medical  insurance  for  the  child

shall notify the child support enforcement agency in the department of economic security if medical insurance has been obtained or if the child is no longer covered under an insurance plan.

1. If the court finds that neither parent has the ability to obtain medical insurance for the child that is accessible and available at a reasonable cost, the court shall:
   • Establish a reasonable monthly cash medical support order to be paid by the obligor. If medical assistance is being provided to a child under title XIX of  the  social  security  act,  cash  medical  support  is

assigned to the state pursuant to section 46-407.

• Order one parent to provide medical insurance when it becomes accessible and available at a reasonable cost.
• Order that medical costs in excess of the cash

medical support amount shall be paid by each parent according to the percentage assigned for payment of uninsured costs.

1. If the court orders one parent to provide medical

insurance the court shall also set an alternative cash medical support order to be paid by that parent if the child is not covered under an insurance plan within ninety days after entry of the order or if the child is no longer covered by insurance.

1. In title IV-D cases the superior court shall accept

for filing any documents that are received through electronic transmission if the electronically reproduced document states that the copy used for the electronic transmission was certified before it was electronically transmitted.

1. The court shall presume, in the absence of contrary testimony,  that  a  parent  is  capable  of  full-time

employment at least at the applicable state or federal adult minimum wage, whichever is higher. This presumption does not apply to noncustodial parents who  are  under  the  age  of  eighteen  and  who  are

attending high school.

1. An order for support shall provide for an assignment pursuant to sections 25-504 and 25-323.
2. Each  licensing  board  or  agency  that  issues

professional, recreational or occupational licenses or certificates shall record on the application the social security number of the applicant and shall enter this information in its database in order to aid the department of economic security in locating parents or their assets or to enforce child support orders. This subsection does not apply to a license that is issued pursuant to title 17 and that is not issued by an automated drawing system. If a licensing board or agency allows an applicant to use a number other than the social security number on the face of the license or certificate while the licensing board or agency keeps the social security number on file, the licensing board or agency shall advise an applicant of this fact.

1. For the purposes of this section:
   • “Accessible” means that insurance is available in the geographic region where the child resides.
   • “Child support guidelines” means the child support guidelines  that  are  adopted  by  the  state  supreme

court pursuant to 42 United States Code sections 651 through 669B.

• “Date of separation” means the date the married parents ceased to cohabit.
• “Reasonable cost” means an amount that does not

exceed the higher of five per cent of the gross income of the obligated parent or an income-based numeric standard that is prescribed in the child support guidelines.

• “Support” has the same meaning prescribed in section 25-500.
• “Support payments” means the amount of money ordered by the court to be paid for the support of the

minor child or children.

A.R.S. §25-401. Definitions

In this chapter, unless the context otherwise requires:

1. “In loco parentis” means a person who has been treated as a parent by a child and who has formed a meaningful parental relationship with a child for a substantial period of time.
2. “Joint legal decision-making” means both parents share decision-making and neither parent’s rights or responsibilities are superior except with respect to specified decisions as set forth by the court or the parents in the final judgment or order.
3. “Legal decision-making” means the legal right and responsibility to make all nonemergency legal decisions for a child including those regarding education, health care, religious training and personal care decisions. For the purposes of interpreting or applying any international treaty, federal law, a uniform code or the statutes of other jurisdictions of the United States, legal decision-making means legal custody.
4. “Legal parent” means a biological or adoptive parent whose parental rights have not been terminated. Legal parent does not include a person whose paternity has not been established pursuant to section 25-812 or 25-814.
5. “Parenting time” means the schedule of time during which each parent has access to a child at specified times. Each parent during their scheduled parenting time is responsible for providing the child with food, clothing and shelter and may make routine decisions concerning the child’s care.
6. “Sole legal decision-making” means one parent has the legal right and responsibility to make major decisions for a child.
7. “Visitation” means a schedule of time that occurs with a child by someone other than a legal parent.

A.R.S. §25-403. Legal Decision-making; Best Interests of Child

1. The court shall determine legal decision-making and parenting time, either originally or on petition for modification, in accordance with the best interests of the child. The court shall consider all factors that are relevant to the child’s physical and emotional well-being, including:
2. The past, present and potential future relationship between the parent and the child.
3. The interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings and any other person who may significantly affect the child’s best interest.
4. The child’s adjustment to home, school and community.
5. If the child is of suitable age and maturity, the wishes of the child as to legal decision-making and parenting time.
6. The mental and physical health of all individuals involved.
7. Which parent is more likely to allow the child frequent, meaningful and continuing contact with the other parent. This paragraph does not apply if the court determines that a parent is acting in good faith to protect the child from witnessing an act of domestic violence or being a victim of domestic violence or child abuse.
8. Whether one parent intentionally misled the court to cause an unnecessary delay, to increase the cost of litigation or to persuade the court to give a legal decision-making or a parenting time preference to that parent.
9. Whether there has been domestic violence or child abuse pursuant to section 25-403.03.
10. The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding legal decision-making or parenting time.
11. Whether a parent has complied with chapter 3, article 5 of this title.
12. Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02.
13. In a contested legal decision-making or parenting time case, the court shall make specific findings on the record about all relevant factors and the reasons for which the decision is in the best interests of the child.

A.R.S. §25-403.01. Sole and Joint Legal Decision-making and Parenting Time

1. In awarding legal decision-making, the court may order sole legal decision-making or joint legal decision-making.
2. In determining the level of decision-making that is in the child’s best interests, the court shall consider the factors prescribed in section 25-403, subsection A and all of the following:
3. The agreement or lack of an agreement by the parents regarding joint legal decision-making.
4. Whether a parent’s lack of an agreement is unreasonable or is influenced by an issue not related to the child’s best interests.
5. The past, present and future abilities of the parents to cooperate in decision-making about the child to the extent required by the order of joint legal decision-making.
6. Whether the joint legal decision-making arrangement is logistically possible.
7. An order for sole legal decision-making does not allow the parent designated as sole legal decision-maker to alter unilaterally a court-ordered parenting time plan.
8. A parent who is not granted sole or joint legal decision-making is entitled to reasonable parenting time to ensure that the minor child has substantial, frequent, meaningful and continuing contact with the parent unless the court finds, after a hearing, that parenting time would endanger the child’s physical, mental, moral or emotional health.
   

A.R.S. §25-403.02. Parenting Plans

1. If the child’s parents cannot agree on a plan for legal decision-making or parenting time, each parent must submit a proposed parenting plan.
2. Consistent with the child’s best interests in section 25-403 and sections 25-403.03, 25-403.04 and 25-403.05, the court shall adopt a parenting plan that provides for both parents to share legal decision-making regarding their child and that maximizes their respective parenting time. The court shall not prefer a parent’s proposed plan because of the parent’s or child’s gender.
3. Parenting plans shall include at least the following:
4. A designation of the legal decision-making as joint or sole as defined in section 25-401.
5. Each parent’s rights and responsibilities for the personal care of the child and for decisions in areas such as education, health care and religious training.
6. A practical schedule of parenting time for the child, including holidays and school vacations.
7. A procedure for the exchanges of the child, including location and responsibility for transportation.
8. A procedure by which proposed changes, disputes and alleged breaches may be mediated or resolved, which may include the use of conciliation services or private counseling.
9. A procedure for periodic review of the plan’s terms by the parents.
10. A procedure for communicating with each other about the child, including methods and frequency.
11. A statement that each party has read, understands and will abide by the notification requirements of section 25-403.05, subsection B.
12. If the parents are unable to agree on any element to be included in a parenting plan, the court shall determine that element. The court may determine other factors that are necessary to promote and protect the emotional and physical health of the child.
13. Shared legal decision-making does not necessarily mean equal parenting time.

A.R.S. §25-403.03. Domestic Violence and Child Abuse

Notwithstanding subsection D of this section, joint decision-making shall not be awarded if the court makes a

finding of the existence of significant domestic violence pursuant to section 13-3601 or if the court finds by a preponderance of the evidence that there has been a significant history of domestic violence.

1. The  court  shall  consider  evidence  of  domestic

violence as being contrary to the best interests of the child. The court shall consider the safety and well- being  of  the  child  and  of  the  victim  of  the  act  of

domestic violence to be of primary importance. The court shall consider a perpetrator’s history of causing

or threatening to cause physical harm to another person.

1. To determine if a person has committed an act of domestic violence the court, subject to the rules of evidence, shall consider all relevant factors including

the following:

1. Findings from another court of competent jurisdiction.
2. Police reports.
3. Medical reports.
4. Child protective services records.
5. Domestic violence shelter records.
6. School records.
7. Witness testimony.

1. If the court determines that a parent who is seeking decision-making has committed an act of domestic violence against the other parent, there is a rebuttable presumption that an award of decision-making to the parent who committed the act of domestic violence is contrary to the child’s best interests. This presumption does not apply if both parents have committed an act of domestic violence. For the purposes of this subsection, a person commits an act of domestic violence if that person does any of the following:
   1. Intentionally, knowingly or recklessly causes or attempts to cause sexual assault or serious physical injury.
   2. Places a person in reasonable apprehension of imminent serious physical injury to any person.
   3. Engages in a pattern of behavior for which a court may  issue  an  ex  parte  order  to  protect  the  other

parent who is seeking child decision-making or to protect the child and the child’s siblings.

1. To determine if the parent has rebutted the presumption  the  court  shall  consider  all  of  the

following:

1. Whether the parent has demonstrated that being awarded sole decision-making or joint physical or legal decision-making is in the child’s best interests.
2. Whether the parent has successfully completed a batterer’s prevention program.
3. Whether the parent has successfully completed a program of alcohol or drug abuse counseling, if the

court determines that counseling is appropriate.

1. Whether the parent has successfully completed a parenting class, if the court determines that a parenting class is appropriate.
2. If the parent is on probation, parole or community

supervision, whether the parent is restrained by a protective order that was granted after a hearing.

1. Whether the parent has committed any further acts of domestic violence.

1. If the court finds that a parent has committed an act of domestic violence, that parent has the burden of proving to the court’s satisfaction that parenting time will not endanger the child or significantly impair the

child’s emotional development. If the parent meets this burden to the court’s satisfaction, the court shall place conditions on parenting time that best protect the child and the other parent from further harm. The court may:

1. Order that an exchange of the child must occur in a protected setting as specified by the court.
2. Order that an agency specified by the court must

supervise parenting time. If the court allows a family or household member to supervise parenting time, the court shall establish conditions that this person must follow during parenting time.

1. Order the parent who committed the act of domestic violence to attend and complete, to the court’s satisfaction, a program of intervention for perpetrators of domestic violence and any other counseling the

court orders.

1. Order the parent who committed the act of domestic violence to abstain from possessing or consuming alcohol or controlled substances during parenting time and for twenty-four hours before parenting time.
2. Order the parent who committed the act of domestic violence to pay a fee to the court to defray the costs of supervised parenting time.
3. Prohibit overnight parenting time.
4. Require a bond from the parent who committed the act of domestic violence for the child’s safe return.
5. Order that the address of the child and the other

parent remain confidential.

1. Impose any other condition that the court determines is necessary to protect the child, the other parent and any other family or household member.

1. The court shall not order joint counseling between a victim and the perpetrator of domestic violence. The court may refer a victim to appropriate counseling and shall provide a victim with written information about

available community resources related to domestic violence.

1. The court may request or order the services of the division of children and family services in the department of economic security if the court believes

that a child may be the victim of child abuse or neglect as defined in section 8-201.

1. In determining whether the absence or relocation of a  parent  shall  be  weighed  against  that  parent  in determining decision-making or parenting time, the court may consider whether the absence or relocation was caused by an act of domestic violence by the other parent.

A.R.S. §25-500 Definitions

In this chapter, unless the context otherwise requires:

1. “Arrearage” means the total unpaid support owed, including child support, past support, spousal maintenance and interest.
2. “Business day” means a day when state offices are open for regular business.
3. “Child support guidelines” means the child support guidelines that are adopted by the state supreme court.
4. “Child support subpoena” means a subpoena issued pursuant to section 25-520.  “Department” means the department of economic security.
5. “Income” means any form of payment owed to an individual, regardless of source, including wages,

salaries, commissions, bonuses, workers’ compensation, disability payments, payments pursuant to a pension or retirement program and interest.

1. “Obligee” means a person or agency entitled to receive support.
2. “Obligor” means a person obligated to pay support.
3. “Support” means the provision of maintenance or subsistence and includes medical insurance coverage, or cash medical support, and uncovered medical costs for the child, arrearages, interest on arrearages, past support, interest on past support and reimbursement for expended public assistance. In a title IV-D case, support includes spousal maintenance that is included in the same order that directs child support.
4. “Support payment clearinghouse” means the clearinghouse established pursuant to section 46-441.
5. “Title IV-D” means title IV-D of the social security

act.

A.R.S. §25-803. Persons Who Originate Proceedings; Decision-making; Parenting Time; Conciliation Court

1. Proceedings to establish the maternity or paternity of a child or children and to compel support under this article may be commenced by any of the following:
   1. The mother.
   2. The father.
   3. The guardian, conservator or best friend of a child or children born out of wedlock.
   4. A public welfare official or agency of the county where the child or children reside or may be found.
   5. The state pursuant to section 25-509.
2. An adult may bring an action to establish the adult’s biological parent.
3. Any party to a proceeding under this article other than the state may request that decision-making and specific

parenting time be determined as a part of the proceeding. When paternity is established the court may award decision-making and parenting time as provided in

section 25-408. The attorney general or county attorney shall not seek or defend any ancillary matters such as decision-making or parenting time.

1. In any case in which paternity is established the

parent with whom the child has resided for the greater part of the last six months shall have legal decision-making unless otherwise ordered by the court.

1. The services of the conciliation court may be used

in regard to disputed matters of decision-making and parenting time.

A.R.S. §13-3601. Domestic Violence; Definition; Classification; Sentencing Option; Arrest and Procedure for Violation; Weapon Seizure; Notice

1. “Domestic violence” means any act which is a dangerous crime against children as defined in section

13-705 or an offense defined in section 13-1201 through 13-1204, 13-1302 through 13-1304, 13-1502

through 13-1504 or 13-1602, section 13-2810, section

13-2904, subsection A, paragraph 1, 2, 3 or 6, section

13-2916 or section 13-2921, 13-2921.01, 13-2923, 13-

3019, 13-3601.02 or 13-3623, if any of the following applies:

1. The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.
2. The  victim  and  the  defendant  have  a  child  in

common.

1. The victim or the defendant is pregnant by the other party.
2. The  victim  is  related  to  the  defendant  or  the

defendant’s  spouse  by  blood  or  court  order  as  a

parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law,

stepparent, step-grandparent, stepchild, step- grandchild, brother-in-law or sister-in-law.

1. The victim is a child who resides or has resided in

the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.

1. The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship. The following factors may be considered in determining whether the relationship between the victim and the defendant is currently or

was previously a romantic or sexual relationship:

1. The type of relationship.
2. The length of the relationship.
3. The frequency of the interaction between the victim and the defendant.
4. If the relationship has terminated, the length of time since the termination.

1. A peace officer, with or without a warrant, may

arrest a person if the officer has probable cause to believe that domestic violence has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether the offense is a felony or a misdemeanor and whether the offense was committed within or without the presence of the peace officer. In cases of domestic violence involving the infliction of physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, the peace officer shall arrest a person, with or without a warrant, if the officer has probable cause to believe that the offense has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether the offense was committed within or without the presence of the peace officer, unless the officer has reasonable grounds to believe that the circumstances at the time are such that the victim will be protected from further injury. Failure to make an arrest does not give rise to civil liability except pursuant to section 12-820.02. In order to arrest both parties, the peace officer shall have probable cause to believe that both parties independently have committed an act of domestic violence. An act of self- defense that is justified under chapter 4 of this title is not deemed to be an act of domestic violence. The release procedures available under section 13-3883, subsection A, paragraph 4 and section 13-3903 are not applicable to arrests made pursuant to this subsection.

1. A peace officer may question the persons who are present to determine if a firearm is present on the

premises. On learning or observing that a firearm is present on the premises, the peace officer may temporarily seize the firearm if the firearm is in plain view or was found pursuant to a consent to search

and if the officer reasonably believes that the firearm would expose the victim or another person in the household to a risk of serious bodily injury or death. A firearm that is owned or possessed by the victim shall

not be seized unless there is probable cause to believe that both parties independently have committed an act of domestic violence.

1. If a firearm is seized pursuant to subsection C of this section, the peace officer shall give the owner or possessor of the firearm a receipt for each seized firearm. The receipt shall indicate the identification or serial number or other identifying characteristic of each seized firearm. Each seized firearm shall be held for at least seventy-two hours by the law enforcement agency that seized the firearm.
2. If a firearm is seized pursuant to subsection C of this section, the victim shall be notified by a peace officer before the firearm is released from temporary custody.
3. If there is reasonable cause to believe that returning a firearm to the owner or possessor may endanger  the  victim,  the  person  who  reported  the

assault or threat or another person in the household, the prosecutor shall file a notice of intent to retain the firearm in the appropriate superior, justice or municipal court. The prosecutor shall serve notice on the owner

or possessor of the firearm by certified mail. The notice shall state that the firearm will be retained for not more than six months following the date of seizure.  On  receipt  of  the  notice,  the  owner  or

possessor may request a hearing for the return of the firearm, to dispute the grounds for seizure or to request an earlier return date. The court shall hold the hearing within ten days after receiving the owner’s or

possessor’s request for a hearing. At the hearing, unless the court determines that the return of the firearm may endanger the victim, the person who reported the assault or threat or another person in the

household, the court shall order the return of the firearm to the owner or possessor.

1. A peace officer is not liable for any act or omission in the good faith exercise of the officer’s duties under

subsections C, D, E and F of this section.

1. Each indictment, information, complaint, summons or warrant that is issued and that involves domestic violence shall state that the offense involved domestic violence and shall be designated by the letters DV. A domestic violence charge shall not be dismissed or a domestic violence conviction shall not be set aside for failure to comply with this subsection.
2. A person who is arrested pursuant to subsection B of this section may be released from decision-making in accordance with the Arizona rules of criminal procedure or any other applicable statute. Any order for release, with or without an appearance bond, shall include pretrial release conditions that are necessary to provide for the protection of the alleged victim and other specifically designated persons and may provide for additional conditions that the court deems appropriate, including participation in any counseling programs available to the defendant.
3. When a peace officer responds to a call alleging that   domestic   violence   has   been   or   may   be

committed, the officer shall inform in writing any alleged or potential victim of the procedures and resources available for the  protection of the victim including:

1. An order of protection pursuant to section 13-3602, an injunction pursuant to section 25-315 and an injunction against harassment pursuant to section 12- 1809.
2. The emergency telephone number for the local police agency.
3. Telephone numbers for emergency services in the

local community.

1. A peace officer is not civilly liable for noncompliance with subsection J of this section.
2. An offense that is included in domestic violence

carries the classification prescribed in the section of this title in which the offense is classified. If the defendant committed a felony offense listed in subsection A of this section against a pregnant victim and knew that the victim was pregnant or if the defendant committed a felony offense causing physical injury to a pregnant victim and knew that the victim was pregnant, section 13-709.04, subsection B applies to the sentence imposed.

1. If the defendant is found guilty of a first offense included in domestic violence, the court shall provide the following written notice to the defendant:

You have been convicted of an offense included in domestic violence. You are now on notice that:

1. If you are convicted of a second offense included in domestic violence, you may be placed on supervised

probation and may be incarcerated as a condition of probation.

1. A third or subsequent charge may be filed as a felony and a conviction for that offense shall result in a

term of incarceration.

1. The failure or inability of the court to provide the notice required  under subsection M of  this section does not preclude the use of the prior convictions for any purpose otherwise permitted.