ARS 25-403.03 Substance Abuse and Child Custody

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:

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.

For more information on Family Law in Arizona click to review the following Articles and Resources:

• Child Custody Information Center
• Child Custody FAQs
• Best Interest Attorney

Resource: Arizona State Legislature