01/24/2012
Goals for reform of family law in Arizona, with regard to parenting time.
1. The court shall presume both parents have a right to equal parenting time.
2. The court shall award equal parenting time as the initial allocation.
3. The court shall change the initial allocation only by clear and convincing evidence.
4. Quality of parenting is not a compelling state issue.
Item 1 provides a stipulation that supports the policy of maximizing parenting time and intends to snub inappropriate use/abuse of the word "maximizing" by the family law profession. As can be noted in item 2, from temporary orders forward, this will apply. In item 3, preponderance of the evidence is no longer an acceptable standard, and the standard is to be raised such that the application of state power is with just cause. In item 4, the court is no longer to consider "he said she said" arguments, nor to consider "defects" in parenting, or "mistakes" in parenting to be worthy of the time of the court. Rather, compelling and clear and convincing must rule the court. Please all review these clear stipulations.
I believe these belong under ARS 25-403.
Further, only when clear and convincing evidence is supplied that a compelling need of the state is shown to intervene in the family ... should the "best interest" standard apply. That is, a custody evaluation is prohibited unless clear and convincing evidence is provided that it is necessary: child abuse, spousal abuse, addiction, etc. The custody evaluation is then clearly necessary, and the proper professional parenting plan design can be ordered by the court. At that time, and only at that time, should the state determine "the best interest of the child". Until then, and so long as each parent is capable, it must be the duty of the parents to determine "the best interest of the child". I don't yet know how to reflect this concept into the law ... what I do know is that many, many fellow citizens have bitterly complained about the highly inappropriate application of custody evaluator services to normal family situations. These professionals are necessary only when there is a compelling need ... and not just because the parents and/or their attorney choose to "disagree".
Please reflect on these ideas and stay in touch.