Arizona Laws 25-403.05. Sexual offenders; murderers; legal decision-making and parenting time; notification of risk to child
A. Unless the court finds that there is no significant risk to the child and states its reasons in writing, the court shall not grant a person sole or joint legal decision-making of a child or unsupervised parenting time with a child if the person:
Terms Used In Arizona Laws 25-403.05
- 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
- 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Writing: includes printing. See Arizona Laws 1-215
1. Is a registered sex offender.
2. Has been convicted of murder in the first degree and the victim of the murder was the other parent of the child who is the subject of the order. In making its finding, the court may consider, among other factors, the following:
(a) Credible evidence that the convicted parent was a victim of domestic violence, as defined in section 13-3601, committed by the murdered parent.
(b) Testimony of an expert witness that the convicted parent suffered trauma from abuse committed by the murdered parent.
B. A child’s parent or custodian must immediately notify the other parent or custodian if the parent or custodian knows that a convicted or registered sex offender or a person who has been convicted of a dangerous crime against children as defined in section 13-705 may have access to the child. The parent or custodian must provide notice by first class mail, return receipt requested, by electronic means to an electronic mail address that the recipient provided to the parent or custodian for notification purposes or by other communication accepted by the court.