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Arizona Revised Statutes Title 25. Marital and Domestic Relations § 25-403.04. Substance abuse

Current as of January 01, 2025 | Updated by Findlaw Staff

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  1 or any violation of § 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:

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.

1 Section 13-3401 et seq.
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Cite this article: FindLaw.com - Arizona Revised Statutes Title 25. Marital and Domestic Relations § 25-403.04. Substance abuse - last updated January 01, 2025 | https://codes.findlaw.com/az/title-25-marital-and-domestic-relations/az-rev-st-sect-25-403-04/

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