A.R.S. 25-403.05
Sexual offenders; murderers; custody and parenting time
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 physical or legal custody 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.
Explanation: Any sexual abuse or commission of murder will prevent custody from being awarded to the offending parent.
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A.R.S. 25-403.06
Parental access to records
A. Unless otherwise provided by court order or law, on reasonable request both parents are entitled to have equal access to documents and other information concerning the child's education and physical, mental, moral and emotional health including medical, school, police, court and other records directly from the custodian of the records or from the other parent.
B. A person who does not comply with a reasonable request shall reimburse the requesting parent for court costs and attorney fees incurred by that parent to force compliance with this section.
C. A parent who attempts to restrict the release of documents or information by the custodian without a prior court order is subject to appropriate legal sanctions.
Explanation: Likely in the interest of fairness, both parents are supposed to be able to obtain records about their child regarding topics such as schooling and health. If one parent is holding the records, they should not prevent the other from having the information. If this happens, the parent trying to prevent the other one can be punished.
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A.R.S. 25-403.07
Identification of a primary caretaker and public assistance
The court may specify one parent as the primary caretaker of the child and one home as the primary home of the child for the purposes of defining eligibility for public assistance. This finding does not diminish the rights of either parent and does not create a presumption for or against either parent in a proceeding for the modification of a custody order.
Explanation: Regarding government money/assistance, the court can put one parent as the primary caregiver and a primary home as well. This will not weaken any parent's rights and it doesn't count for or against you in custody proceedings regardings modifications.
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A.R.S. 25-403.08
Resources and fees
A. In a proceeding regarding sole custody or joint custody, either party may request attorney fees, costs and expert witness fees to enable the party with insufficient resources to obtain adequate legal representation and to prepare evidence for the hearing.
B. If the court finds there is a financial disparity between the parties, the court may order payment of reasonable fees, expenses and costs to allow adequate preparation.
Explanation: In a custody proceeding, if a parent does not have enough money to pay for a lawyer, expert witness, etc., then the parent can have this covered.
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