domestic relations; temporary orders; hearings

HB2664 - 572R - I Ver

REFERENCE TITLE:
domestic relations; temporary orders; hearings

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2664

Introduced by

Representatives
Pe�a: Fink, Keshel

AN
ACT

amending sections 25-404 and 25-407,
arizona revised statutes; relating to legal decision-making and parenting
time.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 25-404, Arizona Revised
Statutes, is amended to read:

START_STATUTE
25-404.

Temporary orders

A. A party to a legal decision-making and parenting
time proceeding may move for a temporary order. This motion must be
supported by pleadings as provided in section 25-411. The
court may award temporary legal decision-making and parenting time under
the standards of section 25-403 after a hearing, or, if there is no
objection, solely on the basis of the pleadings.

B. If a proceeding for dissolution of marriage or
legal separation is dismissed, any temporary legal decision-making or parenting
time order is vacated unless a parent or the child's custodian moves that the
proceeding continue as a legal decision-making or parenting time proceeding and
the court finds, after a hearing, that the circumstances of the parents and the
best interest of the child require that a legal decision-making or parenting
time plan decree be issued.

C. If a legal decision-making or parenting time
proceeding commenced in the absence of a petition for dissolution of marriage
or legal separation is dismissed, any temporary
custody

legal decision-making or parenting time
order thereby is
vacated.

d. The court shall reevaluate each
temporary order issued pursuant to this section within six months after the
date of the order.� On the request of either party, the court shall set an
evidentiary hearing to determine whether continuation of the existing temporary
order or a modification of the existing temporary order is in the best interest
of the child.
END_STATUTE

Sec. 2. Section 25-407, Arizona Revised
Statutes, is amended to read:

START_STATUTE
25-407.

Hearings; priority; costs; sealing of records; findings

A. Legal decision-making and parenting time
proceedings shall receive priority in being set for hearing. If a
party to a legal decision-making or parenting time action files a motion for
a
temporary
orders
order

in any pre-decree matter, the court shall hold an evidentiary hearing within
sixty days after the party files the motion unless:

1. The filing party waives the requirement for a
hearing to be conducted within sixty days after the party files the motion.

2.
a
temporary
orders
are

order is
established through a separate
conference or hearing within sixty days after the party files the motion.

3. Extraordinary circumstances exist and the court
is not able to schedule the hearing.� If the court is not able to schedule the
hearing within sixty days after the motion is filed,
it
the court
must make a written finding on the record as to the
cause of the delay.

B. Subsection A of this section does not preclude
any other conference or hearing.

C. The court may charge as costs the payment of
necessary travel and other expenses incurred by any person whose presence at
the hearing the court deems necessary to determine the best
interest
interests
of the child.

D. The court, without a jury, shall determine
questions of law and fact. If
it

the court
finds that a public hearing may be detrimental to the child's
best
interest
interests
, the court
may exclude the public from a
custody
legal
decision-making or parenting time
hearing
,

but may admit any person who has a direct and legitimate interest in the
particular case or a legitimate educational or research interest in the work of
the court.

E. If the court finds that
,
to
protect the child's welfare, the record of any interview, report, investigation
or testimony in a legal decision-making or parenting time proceeding
should be kept secret, the court may then make an appropriate order sealing the
record.

f. When issuing a temporary order
regarding legal decision-making or parenting time and after evaluating
the evidence available at the time of the hearing, the court shall make
specific factual findings on the record.� The findings shall address the
factors considered pursuant to section 25-403 and indicate which factors
the court considered relevant to the best interests of the child.

g. For any evidentiary hearing on a
petition for a temporary order involving legal decision-making and
parenting time, the court shall set a minimum of one hundred twenty minutes of
time to hear the matter.

END_STATUTE