domestic relations; parents' rights

Plain English Breakdown

The bill explicitly states that while existing court cases do not extend to a child's right to equal access, Arizona policy now does.

Arizona Senate Bill 1328: Parents' Rights in Family Law

This bill updates Arizona state law to declare that protecting parents' rights and ensuring children have equal access to both co-parents are official public policies.

What This Bill Does

• Adds the protection of parents' rights and the Parents' Bill of Rights as declared public policy in family laws.
• States that, unless evidence shows otherwise, it is in a child's best interest to have substantial time with both parents.
• Declares that children have a right to equal access to both co-parents regarding their welfare.
• Requires courts to apply family law rules in ways that match these new stated purposes and policies.

Who It Names or Affects

• Parents involved in domestic relations cases
• Children of parents who are separated or divorced
• Courts handling marital and domestic relation matters

Terms To Know

Public policy

An official statement by the government about what it believes is important for society.

Co-parents

Two parents who share responsibility for raising a child, often when they are not married or live apart.

Best interest of the child

A legal standard used by courts to decide what arrangement is most beneficial for a child's well-being.

Limits and Unknowns

• The bill states these are general purposes and policies but does not list specific new penalties or fines.
• Courts must still consider evidence that might show equal access to both parents is not in a specific child's best interest.
• The text notes the effective date will be the standard state law start date, which is not specified here.

Official Summary Text

SB1328 - 572R - Senate Fact Sheet

Assigned to
JUDE���������������������������������������������������������������������������������������������� AS
PASSED BY COMMITTEE

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

AMENDED

FACT SHEET FOR
S.B. 1328

domestic
relations; parents' rights

Purpose

Adds, to the declared public policy of Arizona and to the general purpose
of Arizona statute relating to marital and domestic relations, the protection
and promotion of parents' rights and the Parents' Bill of Rights, as well as a
child's right to equal access to both co-parents.

Background

Statute prohibits a governmental entity or official from interfering with
or usurping the fundamental right of parents to direct the upbringing,
education, health care and mental health of the parent's children. A parent may
bring suit against a governmental entity or official that violates this
prohibition as either a claim or defense, in which case the governmental entity
or official has the burden of proof to demonstrate that the interference is
essential to accomplish a compelling government interest of the highest order
and that the method of interference or usurpation used by the government is
narrowly tailored and is not otherwise served by less restrictive means (
A.R.S.
� 1-602
).

There is no anticipated fiscal impact to the state General Fund
associated with this legislation.

Provisions

1.

Adds,
to the declared public policy of Arizona and to the general purpose of Arizona
statute relating to marital and domestic relations, the protection and
promotion of parents' rights and the Parents' Bill of Rights, as well as a
child's right to access to both co-parents as it pertains to the child's best
interests.

2.

Contains
a statement of legislative intent.

3.

Becomes
effective on the general effective date.

Amendments
Adopted by Committee

1.

Adds,
to the declared public policy of Arizona and to the general purpose of Arizona
statute, that it is in a child's best interest to have equal access to both
co-parents.

2.

Adds
a statement of legislative intent.

Prepared by Senate Research

February 5, 2026

ZD/ci

Current Bill Text

SB1328 - 572R - S Ver

Senate Engrossed

domestic relations;
parents' rights

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1328

AN
ACT

amending section 25-103, arizona
revised statutes; relating to domestic relations.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 25-103, Arizona Revised
Statutes, is amended to read:

START_STATUTE
25-103.

Purposes of title; application of title

A. It is declared that the public policy of this
state and the general purposes of this title are:

1. To promote strong families
.

;

2. To promote strong family values.

3. To protect and promote parents'
rights as prescribed in section 1-601.

4. To protect and promote the
parents' bill of rights as prescribed in section 1-602.

B. It also is the declared public policy of this
state and the general purpose of this title that
,
absent
evidence to the contrary, it is in a child's best interest:

1. To have substantial, frequent, meaningful and
continuing parenting time with both parents.

2. To have both parents participate in
decision-making about the child.

3. That a child has a right to equal
access to both co-parents.

C. A court shall apply the provisions of this title
in a manner that is consistent with this section.
END_STATUTE

Sec. 2.
Legislative intent

The State of Arizona recognizes that:

1. Parental rights pursuant
to section 1-601, Arizona Revised Statutes, and children's constitutional
rights to family integrity under the Fourteenth Amendment's Due Process Clause
protect the family unit from unwarranted state interference.

2. The right to unwarranted
state interference is reciprocal to parents' fundamental rights to the care,
custody and control of their children, as established in landmark Supreme Court
cases such as
Meyer v. Nebraska
262 (U.S. 390, 43 S. Ct. 625, 1923),
Pierce
v. Society of the Sisters of the Holy Names of Jesus and Mary
(268 U.S.
390, 43 S. Ct. 625, 1925),
Stanley v. Illinois
(405 U.S. 510, 92 S. Ct.
1208, 1972),
Santosky v. Kramer
(455 U.S. 745, 102 S. Ct. 1388, 1982)
and
Troxel v. Granville
(520 U.S. 57, 120 S. Ct. 2054, 2000).

3. Federal circuit courts
have affirmed rights for children in dependency proceedings, including in
Duchesne
v. Sugarman
(566 F.2nd 817, 1977),
Wallis v. Spencer
(202 F.3d 1126,
2000) and
Jordan v. Jackson
(876 A.2d 443, 2005).

4. While existing
jurisprudence asserts these rights and focuses on preventing unjust separation
from the family as a whole and does not extend to a child's civil or
constitutional right to equal access, it is the public policy of the State of
Arizona that it does.

5. It is the policy of the
State of Arizona that the "best interest of the child" standard
prioritizes the child's welfare over any presumption of equality to either
parent and to achieve that standard, family courts must recognize presumptions
favoring shared parenting, unless evidence shows otherwise.