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HB 2296

shared parenting time; presumption; prohibition

57th Legislature - First Regular Session Introduced by Lisa Fink and 1 co-sponsor

Arizona bill creates legal presumption for equal shared parenting time in custody cases and prohibits gender-based custody decisions unless evidence shows otherwise.

Senate Second Reading
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Bill Summary · HB 2296

Legislative bill overview

HB 2296 establishes a legal presumption that equal shared parenting time is in the best interest of children in custody disputes, unless evidence demonstrates otherwise. The bill prohibits courts from considering parental gender as a factor in determining custody arrangements and creates a framework where 50/50 parenting time becomes the default starting position in family law cases.

Why is this important

This legislation would fundamentally shift how Arizona family courts approach custody decisions, moving away from case-by-case discretion toward a statutory presumption favoring equal parental involvement. The change affects thousands of families annually and influences child support calculations, parental rights, and family stability outcomes, while also addressing concerns about gender-based bias in custody determinations.

Potential points of contention

  • Best interest standard debate: Critics argue a fixed presumption may conflict with individualized case assessments where equal time genuinely isn't feasible due to work schedules, geographic distance, or parental capacity differences
  • Implementation complexity: Courts must still determine what overcomes the presumption; inconsistent application across judges could create new litigation over what constitutes sufficient "evidence" to deviate from 50/50
  • Domestic violence concerns: Advocates for abuse survivors worry the presumption could complicate cases involving intimate partner violence, potentially forcing shared custody arrangements with dangerous parents
  • Disparate impact on non-traditional families: The language may create unforeseen complications for same-sex couples, multigenerational households, or situations where one parent has been the primary caregiver

Compiled from official sources — confirm details with the bill’s official record.

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