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December 12, 2023

Can a parent who is a registered sex offender or who murdered the other parent get legal decision-making or parenting time?

If the parent is a registered sex offender or if the parent murdered the other parent, the judge can only grant sole or joint legal decision-making of a child or unsupervised parenting time if the judge find that there is no significant risk to the child.

In the case of a parent who was convicted of murdering the other parent, the judge can consider whether the convicted parent was a victim of domestic violence at the hands of the murdered parent, for example .

In addition to the judge considering a case where a parent is a sex offender, the judge will also consider a situation where a parent involves himself/herself with a registered sex offender. A child’s parent or custodian must immediately notify the other parent or custodian if s/he knows that a convicted or registered sex offender, or a person who has been convicted of a dangerous crime against children as defined on our Selected Arizona Statutes page, 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.1

1 A.R.S. § 25-403.05