SB 1658 Arizona Senate · 57th Legislature - Second Regular Session

legal decision-making; jury trial

SB 1658 allows parents in Arizona custody cases to request a jury trial if they have been awarded less than 35% parenting time or not granted joint legal decision-making under a temporary order. The bill requires courts to schedule the jury trial within 120 days or appoint a licensed attorney as an arbitrator if the trial cannot be set in time. Juries would then make specific findings about the child's best interests based on existing factors like domestic violence, the child's wishes, and parental cooperation. This change applies only to legal decision-making and parenting time disputes, not to all family law matters.

Bill status passed 3 of 5 stages cleared

Introduction

Feb 2026

Committee Review

Feb 2026

Senate Passage

Mar 2026

House Passage

Governor

Introduced Feb 9, 2026 Last action Mar 10, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version → Senate Engrossed Version (03/02/2026) · 6 edits · Mar 2, 2026

MODERATE

This bill updates Arizona's child custody laws to prioritize the best interests of the child when determining legal decision-making and parenting time. It introduces a right to a jury trial for parents awarded less than 35% parenting time or no joint decision-making, mandates that these trials take priority over other civil cases, and establishes an arbitration process if a trial cannot be scheduled within 120 days. Additionally, the bill refines rules regarding modifications to custody orders, particularly for military families, and clarifies procedures for temporary orders and court interviews.

Scope change

The bill expands the scope of the legal process by adding a specific right to a jury trial for parents who receive less than 35% parenting time or no joint legal decision-making, whereas previously such trials were not explicitly mandated under these conditions.

REQUIREMENT

Parents awarded less than 35% parenting time or no joint legal decision-making now have a statutory right to request a jury trial.

If a jury trial cannot be set within 120 days, the court must appoint a licensed attorney as an arbitrator to hear the matter.

The bill clarifies that a parent's military deployment or mobilization cannot be the sole factor used to deny them parenting time.

New provisions require temporary modification orders for military parents to include a specific transition schedule to return to the pre-deployment order within 10 days after deployment ends.

The court is now prohibited from entering a final modification of parental rights until 90 days after a military parent's deployment ends, unless both parents agree to the change.

TIMELINE

Jury trials for custody matters must be set within 120 days of the request, and these cases take priority over other civil cases.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 2, 2026

Upper · Passed

PASSED

upper

Mar 2, 2026

Upper · Passed

upper

Feb 18, 2026

Upper · Passed

upper

1 primary · 0 co-sponsors