Domestic violence is a factor in divorce with children and paternity cases in Arizona. It can have a big impact on legal decision making (custody) and parenting time orders. Significant domestic violence can be the most important factor in the Family Court’s determination.
If the court determines that there has been significant domestic violence between the parents or if there has been a significant history of domestic violence, it will not award joint legal decision making. The Family Court judge must consider any domestic violence as contrary to the children’s best interest and must consider the safety and well-being of the children and victim of domestic violence of primary importance. The court will consider a party’s history of harming or threatening to harm another person. To determine whether a parent committed domestic violence, the court must consider all factors, including but not limited to findings from other courts, police reports, medical reports, Department of Child Safety records, domestic violence shelter records, school records, and witness testimony.
If the judge determines that a parent has committed an act of domestic violence against the other parent, the court must presume that joint legal decision making or sole legal decision making with the perpetrator of domestic violence is not in the children’s best interest. The presumption does not apply if both parents committed an act of domestic violence. A parent commits an act of domestic violence if he or she causes or attempts sexual assault or serious physical injury; causes another person to reasonably believe that serious physical injury to any person is imminent; or engages in behavior for which a court may issue a protective order for the other parent. The court will consider the following factors to determine whether a parent rebutted the presumption against legal decision making: whether that parent demonstrated that sole or joint legal decision making in that parent or substantially equal parenting time is in the children’s best interest; whether that parent completed a batterer’s prevention program; whether that parent completed substance abuse counseling if the court determined that substance abuse counseling is appropriate; whether that parent completed a parenting class if the court determined that it is appropriate; whether a court has issued a protective order after a hearing if that parent is on probation, parole, or community supervision; and whether that parent has committed further acts of domestic violence.
If the court determines that a parent committed an act of domestic violence, that parent must prove that parenting time will not endanger the child or harm the child’s emotional development. If the parent meets this burden, the court must place conditions on parenting time to protect the child and the other parent from harm. The court may place the following conditions on parenting time: order that exchanges of the children take place in a protected place such as a police station; order that parenting time be supervised by an agency or an individual at the perpetrator’s expense; order the parent who committed domestic violence to complete an intervention program; order the parent who committed domestic violence to abstain from and not possess alcohol or drugs during and 24 hours before parenting time; prohibit overnight parenting time; require a bond from the parent who committed domestic violence for the child’s safe return; order that the address of the children and other parent be confidential; and impose any other condition that the judge deems necessary to protect the child, other parent, or any other household or family member.
The court may not order joint counseling between a victim and perpetrator of domestic violence and may request or order services from the Department of Child Safety.
Therefore, domestic violence can play a major role in a court’s determination of legal decision making and parenting time. If you have domestic violence as an issue in your family law case, I can help you.
