2011 Arizona Revised Statutes
Title 25 Marital and Domestic Relations
25-403.04 Drug offenses
25-403.04. Drug offenses
A. If the court determines that a parent 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 custody is filed, there is a rebuttable presumption that sole or joint custody 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 was convicted of the offense.
2. Findings that the custody 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.
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