Official Summary Text
SB1330 - 572R - Senate Fact Sheet
Assigned to
JUDE
& ATT����������������������������������������������������������������������������������������������������� FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
REVISED
FACT SHEET FOR
S.B. 1330
family
court; right to jury
Purpose
Grants a parent the right to request a jury trial to determine parenting
time or legal
decision-making when specified conditions are met.
Background
A court must determine legal decision-making and parenting time in
accordance with the best interests of the child and must consider all relevant
factors to the child's physical and emotional well-being, including: 1) if the
child is of suitable age and maturity, the wishes of the child as to legal
decision-making and parenting time; 2) the past, present and potential future
relationship between the parent and 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) the
mental and physical health of all individuals involved; 6) which parent is more
likely to allow the child frequent, meaningful and continuing contact with the
other parent, except as prescribed for when the parent is acting in good faith
to protect the child from witnessing an act or being a victim of domestic
violence or child abuse; 7) whether one parent intentionally misled the court
to cause an unnecessary delay, increase the cost of litigation or persuade the
court to give a legal
decision-making or a parenting time preference to that parent; 8) whether there
has been domestic violence or child abuse; 9) whether either parent was
convicted of an act of false reporting of child abuse or neglect; 10) the
nature and extent of coercion or duress used by a parent in obtaining an
agreement regarding legal decision-making or parenting time; and 11) whether a
parent has completed the domestic relations educational program on children's
issues requirement. During a contested legal decision-making or parenting time
case the court must make specific findings on the record as to all outlined
relevant factors and the reasons for which the decision is in the best
interests of the child (
A.R.S.
� 25-403
).
The Joint Legislative Budget Committee (JLBC) fiscal note for S.B. 1330 does
not estimate a fiscal impact to the state General Fund. However, JLBC estimates
that S.B. 1330 would result in increased county costs of up to $1,000,000
associated with the additional workload required to conduct a jury trial
relative to a bench trial before a judge (
JLBC
fiscal note
).
Provisions
1.
Allows
a parent to request a jury trial to determine an award of parenting time or
legal
decision-making if during a parenting time or legal decision-making proceeding
the parent is awarded:
a)
less than 35 percent parenting time; or
b)
no legal decision-making authority.
2.
Requires the jury for a contested parenting time or legal
decision-making proceeding to make specific findings on the record according
to the prescribed factors relevant to a child's
physical and emotional well-being and the reasons why the jury verdict is in
the best interests of the child.
3.
Requires a jury trial for a contested parenting time or legal
decision-making proceeding to take priority over other civil cases.
4.
Contains a statement of legislative intent.
5.
Becomes effective on the general effective date.
Revisions
�
Updates the fiscal impact statement.
Prepared by Senate Research
February 27, 2026
ZD/KS/ci
Current Bill Text
Read the full stored bill text
SB1330 - 572R - S Ver
Senate Engrossed
family court; right
to jury
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1330
AN
ACT
amending title 25, chapter 4, article 1,
arizona revised statutes, by adding section 25-419; 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. Title 25, chapter 4, article 1,
Arizona Revised Statutes, is amended by adding section 25-419, to read:
START_STATUTE
25-419.
Right to jury trial; jury findings; priority
A. In any legal decision-making
or parenting time proceeding in which a parent has been apportioned less than
thirty-five percent parenting time or the court has awarded full legal decision-making
authority to one parent, the parent who has been awarded less than THIRTY-five
percent parenting time or has not been awarded any legal decision-making
authority has the right to request a jury trial to determine an award of
parenting time or legal decision-making.
B. In a contested legal decision-making
or parenting time proceeding, the jury shall make specific findings on the
record of the factors prescribed in section 25-403, subsection a and the
reasons the jury verdict is in the best INTERESTs of the child.
C. The request for a jury trial
pursuant to this section shall take priority over other civil cases.
END_STATUTE
Sec. 2.
Legislative intent
The legislature intends that:
1. It shall be the
policy of this state that there be an equitable award of parenting time between
both parents.
2. An equitable award of
parenting time shall include equal parenting time with a child for each parent
on all holidays, the child's birthday and both parents' birthdays.