Arizona Legislation Affecting Family Law
The following changes will become effective September 30, 2009.
A.R.S. §25-403, which deals with child custody cases in Arizona has been modified to provide that the court will disregard the factor, which parent is more likely to permit frequent and meaningful continuing contact with the other parent, if the court determines that “ a parent is acting in good faith to protect the child from witnessing an act of domestic violence or being a victim of domestic violence or child abuse.”
This has obvious implications when dealing with Arizona child custody cases where domestic violence is involved.
On a related note, another subsection has also been enacted, (A)(11), which requires the court to make a finding of whether there has been domestic violence or child abuse as defined in §25-403.03.
Contact Nirenstein Garnice Soderquist PLC for all of your related Arizona Child Custody matters.
I am in the middle of a child custody case where domestic violence has been an issue. I am very hopeful about this revision as I have worried about the laws tying the hands of the judge regarding our case. So many relevant issues are considerred irrelevant, it is ridiculous and I am not as concerned at this time about having to mislead my child about a dangerous person due to the laws. THANK YOU!