Sexual Offenders; Murderers; and Legal Decision-Making and Parenting Time
In Arizona family court matters the court will consider certain criminal activities when determining legal-decision making and parenting time matters. With certain criminal matters, even if the parties agree otherwise, the court may be precluded from issuing an Order granting joint legal-decision making and/or parenting time.
As example, unless the court finds limited risk to a child and sets forth those reasons in writing, the Court is precluded from granting an offending parent sole or joint legal decision-making of a child or unsupervised parenting time with a child if that parent:
1. Is a registered sex offender.
2. Has been convicted of murder in the first degree and the victim of the murderer was the other parent of the child who is the subject of the order. In determining and/or declaring such finding, the Court may consider, in addition to other factors the following:
a. Evidence that is credible which demonstrates that the convicted parent was a victim of domestic violence at the hands of the murdered parent.
b. Testimony of an expert witness stating that the convicted parent suffered certain trauma from abuse at the hands of the murdered parent.
A child’s parent or custodian must immediately notify the other parent or custodian if the 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 by statute may have access to the child. The parent or custodian must provide such notice by first class mail, return receipt requested, by electronic means to an email address that the recipient provided to the parent or custodian for notification purposes or by other communication approved by the Court.
For more information on this or any other Arizona family court matter, contact our Firm today for your free consultation.