{"data":{"id":"us-az/a.r.s.-25-403.04","jurisdiction":"us-az","citation":"A.R.S. § 25-403.04","heading":"Substance abuse","body":"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:\n\n1. Findings of fact that support its determination that the parent abused drugs or alcohol or was convicted of the offense.\n\n2. Findings that the legal decision-making or parenting time arrangement ordered by the court appropriately protects the child.\n\nB. To determine if the person has rebutted the presumption, at a minimum the court shall consider the following evidence:\n\n1. The absence of any conviction of any other drug offense during the previous five years.\n\n2. 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.\n\n3. Results of alcohol or drug screening provided by a facility approved by the department of health services.","path":["Title 25 Marital and Domestic Relations"],"source_url":"https://www.azleg.gov/ars/25/00403-04.htm","current_through":"2026-09-04","vintage":"2026-08-09","retrieved_at":"2026-09-04T00:49:56Z","sha256":"7d3a405be98435d2fb451dde6aa9ff39e193ad35cbc779d3e437dc66bbe1a381","source_id":"us-az","stale":true,"prev":"us-az/a.r.s.-25-403.03","next":"us-az/a.r.s.-25-403.05"},"notice":"GroundRules: Original legal text. Not legal advice."}