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25-403.05 Dangerous Crimes Against Children

Dangerous Crimes Against Children are taken very seriously by courts. A judge typically will try to restrict a child’s access to someone who has or will commit crimes against children. A.R.S. §25-403.05 lays out the limitations to exposure of a child to a person who has committed dangerous crimes.

A. Unless the court finds that there is no significant risk to the child and states its reasons in writing, the court shall not grant a person sole or joint legal decision-making of a child or unsupervised parenting time with a child if the person:

1. Is a registered sex offender.

2. Has been convicted of murder in the first degree and the victim of the murder was the other parent of the child who is the subject of the order. In making its finding, the court may consider, among other factors, the following:

(a) Credible evidence that the convicted parent was a victim of domestic violence, as defined in section 13-3601, committed by the murdered parent.

(b) Testimony of an expert witness that the convicted parent suffered trauma from abuse committed by the murdered parent.

B. A child’s parent or custodian must immediately notify the other 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 in section 13-705 may have access to the child. The parent or custodian must provide notice by first class mail, return receipt requested, by electronic means to an electronic mail address that the recipient provided to the parent or custodian for notification purposes or by other communication accepted by the court.

Want to see more of the factors a court will consider when ordering custody?  Dangerous crimes against children aren’t the only consideration. Click here to go to A.R.S. §25-403 for the “best interest factors.” Because dangerous crimes can go hand in hand with substance abuse, click here to learn more about substance abuse and custody by reading A.R.S. §25-403.04. Sole legal decision-making is a serious consideration in some cases, and A.R.S. §25-403.01 covers sole legal custody.

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