Arizona Laws 25-417. Parent’s blindness; burden of proof; specific written findings; definitions
A. In determining parenting time or participation in legal decision-making, the court may not consider a parent’s blindness, unless the court specifically finds both of the following:
Terms Used In Arizona Laws 25-417
- Allegation: something that someone says happened.
- 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.
- 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
- Parenting time: means the schedule of time during which each parent has access to a child at specified times. See Arizona Laws 25-401
1. The blindness significantly or substantially inhibits the parent’s ability to provide for the physical and emotional needs of the child.
2. The parent lacks sufficient human, monetary or other resources to supplement the parent’s ability to provide for the physical and emotional needs of the child.
B. If a parent’s blindness is alleged to have a detrimental impact on a child, the party who raises the allegation has the burden of proving by clear and convincing evidence that the findings prescribed in subsection A of this section exist.
C. If the court denies or limits parenting time or legal decision-making, the court shall make specific written findings that state the basis of the denial or limitation.
D. For the purposes of this section:
1. "Blindness" means having either of the following:
(a) A central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.
(b) A degenerative condition that reasonably can be expected to result in a central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.
2. "Central visual acuity of 20/200 or less" includes having a limitation in the field of vision so that the widest diameter of the visual field subtends an angle of not more than twenty degrees.