A. If the court determines that a parent has abused drugs or alcohol or has been convicted of any drug offense under Title 13, Chapter 34 or any violation of section 28-1381, 28-1382 or 28-1383 within twelve months before the petition or the request for legal decision-making or parenting time is filed, there is a rebuttable presumption that sole or joint legal decision-making by that parent is not in the child’s best interests. In making this determination the court shall state its:

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Terms Used In Arizona Laws 25-403.04

  • Conviction: A judgement of guilt against a criminal defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Joint legal decision-making: means both parents share decision-making and neither parent's rights or responsibilities are superior except with respect to specified decisions as set forth by the court or the parents in the final judgment or order. See Arizona Laws 25-401
  • Legal decision-making: means the legal right and responsibility to make all nonemergency legal decisions for a child including those regarding education, health care, religious training and personal care decisions. See Arizona Laws 25-401
  • Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
  • Parenting time: means the schedule of time during which each parent has access to a child at specified times. See Arizona Laws 25-401
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215

1. Findings of fact that support its determination that the parent abused drugs or alcohol or was convicted of the offense.

2. Findings that the legal decision-making or parenting time arrangement ordered by the court appropriately protects the child.

B. To determine if the person has rebutted the presumption, at a minimum the court shall consider the following evidence:

1. The absence of any conviction of any other drug offense during the previous five years.

2. Results of random drug testing for a six month period that indicate that the person is not using drugs as proscribed by Title 13, Chapter 34.

3. Results of alcohol or drug screening provided by a facility approved by the department of health services.

 

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