A new law passed in the wake of a tragic incident may alter whether and how one parent is able to spend time with the children. The Tempe child custody lawyers at Blake & Pulsifer, PLC can help you navigate the changes made by the new law.
A parent who has been accused of domestic violence may face restrictions on both their parenting time and their ability to participate in decisions about the children. The law does not completely foreclose the possibility of parenting time and participation in decisions, although a parent who has been found to have committed domestic violence will need to persuade the court why their desired role is in the best interest of the child. The new law introduces numerous complexities into a child custody case that must be carefully navigated.
The Tempe child custody attorneys at Blake & Pulsifer, PLC stay on top of new developments just like this to provide effective counsel for our clients. Learn how this law may apply to your case by calling us today at (480) 838-3000 to schedule an appointment.
Why the Alec and Lydia Act Was Passed and How it May Affect Child Custody
Alec and Lydia’s Law was passed in response to the tragic murders of two children by their father during unsupervised parenting time. In this case, the mother had previously made allegations of domestic violence against the father, yet he continued to have unsupervised parenting time through a court order. The murders prompted a re-examination of how courts consider the intersection of domestic violence allegations and the best interests of the child. The result is that courts may be more likely to act to protect children, but it can also come at the expense of one parent’s rights.
This new law, which is now located at A.R.S. § 25-403.03, contains the following provisions:
- A parent shall not have joint decision-making authority if a court finds that they have committed “significant domestic violence.”
- If the parent is found to have committed an act of domestic violence against the other parent, there is a rebuttable presumption that the parent’s having sole or joint decision-making authority is not in the best interests of the child.
- A parent who has been found to have committed an act of domestic violence must also demonstrate to the court that parenting time with the child does not endanger the child or significantly impair the child’s emotional development.
Domestic Violence Allegations Will Warrant Further Scrutiny
When there are any allegations of domestic violence, the family court may be thrust into the role of fact-finder. A parent does not have to be convicted of domestic violence for them to be barred from decision-making and to have their parenting time curtailed or eliminated. Here, a family court will use a lower standard of proof than the “beyond a reasonable doubt” standard used in court. A judge only needs to find that a parent committed domestic violence by a preponderance of the evidence, which means that it is more likely than not that the action occurred.
The new law gives parents a powerful new tool to protect their children. Still, any allegations of domestic violence must be backed up by evidence. Once the parent presents this evidence, the burden then shifts to the accused parent to either rebut the actual proof or show why it should still not keep them from seeing their children or participating in decision-making.
Courts May Introduce Changes to Custody When There Is a Domestic Violence Finding
When it comes to parenting time, there are numerous middle-ground options that could still allow a parent to spend time with their children while there are built-in safeguards to protect the child. The conditions could be subject to change over time as circumstances evolve. These protections could include:
- Supervised parenting time subject to oversight from the court or a qualified professional
- Custody exchanges in a protected space that are monitored
- Restrictions on children spending time with a parent overnight
- Completion of a certified domestic violence education program
- Any other conditions or restrictions that the presiding judge sees fit to order
At the same time, a parent who is accused of domestic violence is facing far-reaching consequences. Regardless of the nature of the allegations, their right to see their child will be immediately threatened. If you are a parent who is in this situation, know that you are entitled to due process. First, there is a difference between being accused of domestic violence and a judge making substantiated findings based on actual evidence. Further, the law creates a rebuttable presumption, which implies that you will still have a chance to show that unsupervised time with your child or being able to participate in legal decision-making is in your child’s best interests. The other parent may have an interest in either eliminating joint decision-making and parenting time altogether, or arguing for strong protections to keep themselves and the children safe.
Contact a Tempe Child Custody Law Firm to Learn More About Your Case
The Tempe child custody lawyers at Blake & Pulsifer, PLC understand both the need to keep children and all parties to a case safe, while ensuring that each parent maintains their rights. Schedule an appointment with a Tempe child custody attorney today by reaching out to us online or by calling us at (480) 838-3000.
