In Re the Marriage of Diezsi, 38 P.3d 1189 (Ariz. Ct. App. 2002). · Go Syfert
In Re the Marriage of Diezsi, 38 P.3d 1189 (Ariz. Ct. App. 2002). Cases Citing This Book View Copy Cite
“we will not disturb a trial court's decision on child custody absent a clear abuse of discretion.”
149 citation events (149 in the last 25 years) across 2 distinct courts.
Strongest positive: Eglivitch v. Davis (arizctapp, 2025-04-08)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (quoted) Eglivitch v. Davis
Ariz. Ct. App. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
we will not disturb a trial court's decision on child custody absent a clear abuse of discretion.
discussed Cited as authority (rule) Stewart v. Floyd
Ariz. Ct. App. · 2026 · confidence medium
Declining to reverse based solely on the appellee’s failure to file an answering brief is particularly appropriate in cases in which “a child’s best interests are involved.” In re Marriage of Diezsi, 201 Ariz. 524, 525, ¶ 2 (App. 2002); see also Matter of Mayberry v. Stambaugh, No. 1 CA-CV 23-0289 FC, 2024 WL 1282653 at *5, ¶ 20 (Ariz. App. Mar. 26, 2024) (mem. decision) (Morse, J., specially concurring) (“[I]n cases involving children’s best interests, we may decline to treat a failure to respond as an implied confession of error if doing so would have an adverse effect on the c…
discussed Cited as authority (rule) Rogers v. Rogers
Ariz. Ct. App. · 2025 · confidence medium
While we typically treat an appellee’s lack of response as a confession of error, Hoffman v. Hoffman, 4 Ariz. App. 83, 85 (1966), we may decline to do so when a child’s best interests are at issue, In re Marriage of Diezsi, 201 Ariz. 524, 525, ¶ 2 (App. 2002), as is the case here.
discussed Cited as authority (rule) Boozer v. Boozer (2×) also: Cited "see"
Ariz. Ct. App. · 2024 · confidence medium
While we may regard a party’s failure to file an answering brief as a confession of error, “we are not required to do so.” In re Marriage of Diezsi, 201 Ariz. 524, 525, ¶ 2 (App. 2002).
cited Cited as authority (rule) McEnaney v. Ducharme
Ariz. Ct. App. · 2023 · confidence medium
In re Marriage of Diezsi, 201 Ariz. 524, 525, ¶ 2 (App. 2002) (citing Ariz. R.
discussed Cited as authority (rule) Atkison v. Shafer (2×) also: Cited "see, e.g."
Ariz. Ct. App. · 2022 · confidence medium
Thus, the court’s findings are sufficient for us “to determine that the court considered the child’s best interests.” See Diezsi, 201 Ariz. at 526, ¶ 5 ; see also O’Hair v. O’Hair, 109 Ariz. 236, 240 (1973) (The appellate inquiry is “whether the trial court had before it evidence which might reasonably support its action viewed in the light most favorable to sustaining the findings.”).
discussed Cited as authority (rule) Nickel v. Potter (2×) also: Cited "see"
Ariz. Ct. App. · 2022 · confidence medium
See Reid v. Reid, 222 Ariz. 204, 207, ¶¶ 12-13 (App. 2009); Diezsi, 201 Ariz. at 526, ¶ 5 ; see also Owen v. Blackhawk, 206 Ariz. 418, 421-22, ¶¶ 9-12 (App. 2003) (holding that the court abused its discretion in changing the primary residential parent and altering the parenting time schedule without making required findings on the record in a contested custody case brought under the relocation statute, A.R.S. § 25-408); Downs v. Scheffler, 206 Ariz. 496, 501, ¶ 19 (App. 2003) (holding that the court’s findings were insufficient as a matter of law and remanding for findings under A.R.S…
discussed Cited as authority (rule) Borges v. Chavez
Ariz. Ct. App. · 2021 · confidence medium
Although this court has discretion to consider Chavez’ failure to file an appropriate answering brief as conceding error, see ARCAP 15(a)(2); Gonzales v. Gonzales, 134 Ariz. 437, 437 (App. 1982), we decline to do so here, see, e.g., In re Marriage of Diezsi, 201 Ariz. 524, 525, ¶ 2 (App. 2002); Hoffman v. Hoffman, 4 Ariz. App. 83, 84-85 (1966).
discussed Cited as authority (rule) Smith v. Smith
Ariz. Ct. App. · 2021 · confidence medium
Appellate Briefing 2 SMITH v. SMITH Decision of the Court ¶6 Although this court has discretion to consider Mother’s failure to file an answering brief as conceding error, see ARCAP 15(a)(2); Gonzales v. Gonzales, 134 Ariz. 437, 437 (App. 1982), we decline to do so, given that the best interests of the children are involved, see In re Marriage of Diezsi, 201 Ariz. 524, 525, ¶ 2 (App. 2002); Hoffman v. Hoffman, 4 Ariz. App. 83, 85 (1966). ¶7 Moreover, Father’s opening brief does not comply with Arizona Rule of Civil Appellate Procedure 13 in almost any respect.
cited Cited as authority (rule) Permenter v. Permenter
Ariz. Ct. App. · 2021 · confidence medium
In re the Marriage of Diezsi, 201 Ariz. 524, 525, ¶ 3 (App. 2002).
discussed Cited as authority (rule) Turfler v. Torrez (2×)
Ariz. Ct. App. · 2021 · confidence medium
In re Marriage of Diezsi, 201 Ariz. 524, 525, ¶ 3 (App. 2002).
discussed Cited as authority (rule) McGuire-lally v. Lally
Ariz. Ct. App. · 2021 · confidence medium
In re Marriage of Diezsi, 201 Ariz. 524, 525, ¶ 3 (App. 2002); see also DeLuna v. Petitto, 247 Ariz. 420, 423, ¶ 9 (App. 2019) (defining an abuse of discretion). ¶15 Here, the court found that a material change in the children’s circumstances was negatively affecting them.
discussed Cited as authority (rule) Jorgenson v. Giannecchini
Ariz. Ct. App. · 2021 · confidence medium
In re Marriage of Diezsi, 201 Ariz. 524, 525, ¶ 2 (App. 2002); see also Hoffman v. Hoffman, 4 Ariz. App. 83, 85 (1966) (“[T]o reverse the decision of the trial court concerning the custody and well being of two minor children because their mother failed or was unable to file an answering brief would not, we believe, serve the ends of justice . . . .”). 3 JORGENSON v. GIANNECCHINI Decision of the Court services, including counseling and therapeutic interventions.” Ariz. R.
cited Cited as authority (rule) Curtis v. Thomas
Ariz. Ct. App. · 2019 · confidence medium
In re Marriage of Diezsi, 201 Ariz. 524, 525, ¶ 3 (App. 2002).
cited Cited as authority (rule) Brittner v. Bullock
Ariz. Ct. App. · 2019 · confidence medium
Id.; In re Marriage of Diezsi, 201 Ariz. 524, 525, ¶ 3 (App. 2002).
discussed Cited as authority (rule) Santoro v. Santoro
Ariz. Ct. App. · 2019 · confidence medium
In re Marriage of Diezsi, 201 Ariz. 524, 525, ¶ 3 (App. 2002) (citation omitted). ¶17 In ruling on a petition to modify legal decision-making and parenting time, the court must consider the factors in A.R.S. § 25-403(A) regarding the child’s best interests.
cited Cited as authority (rule) Krakana v. Haass
Ariz. Ct. App. · 2018 · confidence medium
In re Marriage of Diezsi, 201 Ariz. 524, 525, ¶ 3 (App. 2002).
discussed Cited as authority (rule) Wright v. Wright
Ariz. Ct. App. · 2018 · confidence medium
The failure to 2 In his answering brief, Father suggests this Court may affirm because Mother’s relocation plan presumed “a court-mandated co- relocation of Father.” We agree with Mother that the record does not support this argument. 3 WRIGHT v. WRIGHT Decision of the Court make the statutory findings constitutes error as a matter of law.3 Id. at ¶ 20 (citing In re Marriage of Diezsi, 201 Ariz. 524, 526, ¶ 5 (App. 2002)); see also Nold v. Nold, 232 Ariz. 270, 273, ¶ 11 (App. 2013). ¶8 The family court here explained in a thoughtful manner the reasons why it believed relocation was n…
cited Cited as authority (rule) Strong v. Owens
Ariz. Ct. App. · 2018 · confidence medium
In re Marriage of Diezsi, 201 Ariz. 524, 525, ¶ 3 (App. 2002).
discussed Cited as authority (rule) Landry v. Landry
Ariz. Ct. App. · 2017 · confidence medium
Sec., 218 Ariz. 205, 210, ¶ 18 (App. 2008); Fuentes v. Fuentes, 209 Ariz. 51, 56, ¶ 24 (App. 2004); In re Marriage of Diezsi, 201 Ariz. 524, 525, ¶ 3 (App. 2002). ¶8 Mother failed to raise an objection regarding the confidential child interviews at trial.
discussed Cited as authority (rule) Missman v. Peterson
Ariz. Ct. App. · 2017 · confidence medium
In re Marriage of Diezsi, 201 Ariz. 524, 526, ¶ 5 (App. 2002). ¶8 Father argues on appeal that the superior court granted him insufficient parenting time because it did not properly weigh the evidence in accordance with A.R.S. § 25-403 and Arizona public policy. ¶9 In weighing the factors under § 25-403, the superior court found that Child was bonding well with both parents and that both parents are capable of properly caring for Child.
discussed Cited as authority (rule) Dellaripa v. Dellaripa
Ariz. Ct. App. · 2017 · confidence medium
Nold v. Nold, 232 Ariz. 270, 273, ¶ 11 (App. 2013) (citing In re Marriage of Diezsi, 201 Ariz. 524, 525, ¶ 3 (App. 2002)); see also A.R.S. § 25- 401(3) (equating decision-making authority with “legal custody”). ¶12 As an initial matter, however, “[t]he best interests of the child are for the family court alone to decide,” and the court cannot “delegate a judicial decision to an expert witness nor abdicate its responsibility to exercise independent judgment.” Nold, 232 Ariz. at 274 , ¶ 14 (quoting DePasquale v. Superior Court, 181 Ariz. 333, 336 (App. 1995)).
cited Cited as authority (rule) Demario v. Demario
Ariz. Ct. App. · 2016 · confidence medium
In re Marriage of Diezsi, 201 Ariz. 524, 525, ¶ 3 (App. 2002).
discussed Cited as authority (rule) Hull v. Wesley
Ariz. Ct. App. · 2016 · confidence medium
In re Marriage of Diezsi, 201 Ariz. 524, 525, ¶ 3 (App. 2002). ¶7 Section 25-403.04(A) creates a rebuttable presumption that it is contrary to a child's best interests to award sole or joint legal decision- making authority to a parent who has abused drugs or alcohol within 12 months before filing of the petition or request for legal decision-making or parenting time.
discussed Cited as authority (rule) Jorgensen v. Sandoz
Ariz. Ct. App. · 2016 · signal: cf. · confidence medium
Cf. In re Marriage of Diezsi, 201 Ariz. 524, 526, ¶ 5 (App. 2002) (holding that the trial court abused its discretion where the court’s order and record did not contain requisite findings under A.R.S. § 25-403).
cited Cited as authority (rule) Murray v. Murray
Ariz. Ct. App. · 2016 · confidence medium
See id.; In re Marriage of Diezsi, 201 Ariz. 524, 525-26, ¶ 4 , 38 P.3d 1189 (App.2002).
cited Cited as authority (rule) Johnson v. Provoyeur
Ariz. Ct. App. · 2016 · confidence medium
In re Marriage of Diezsi, 201 Ariz. 524, 525, ¶ 3 (App. 2002).
cited Cited as authority (rule) Johnson v. Boatley
Ariz. Ct. App. · 2016 · confidence medium
A.R.S. § 25-403(B); In re Marriage of Diezsi, 201 Ariz. 524 , 525–26, ¶ 4, 38 P.3d 1189, 1191 (App. 2002).
discussed Cited as authority (rule) Toth v. Brower
Ariz. Ct. App. · 2016 · confidence medium
Although we could treat his failure to file an answering brief as a confession of error, in our discretion we choose to address the merits “because a child’s best interests are involved.” See In re Marriage of Diezsi, 201 Ariz. 524, 525, ¶ 2 (App. 2002). 2 TOTH v. BROWER Decision of the Court accordingly, affirmed Father’s parenting time schedule.
discussed Cited as authority (rule) Smith v. Smith
Ariz. Ct. App. · 2015 · confidence medium
App. P. 15(c); Blech v. Blech, 6 Ariz. App. 131, 132 , 430 P.2d 710, 711 (1967), but are not required to do so, In re Marriage of Diezsi, 201 Ariz. 524 , 525 ¶ 2, 38 P.3d 1189, 1190 (App. 2002). 3 SMITH v. SMITH Decision of the Court presented for review, with supporting reasons for each contention.” Ariz. R.
discussed Cited as authority (rule) Zimmerman v. Zimmerman (2×)
Ariz. Ct. App. · 2015 · confidence medium
See Owen, 206 Ariz. at 421-22, ¶ 12 , 79 P.3d at 670 - 71; In re Marriage of Diezsi, 201 Ariz. 524, 525-26, ¶ 4 , 38 P.3d 1189, 1191 (App. 2002). 4 ZIMMERMAN v. ZIMMERMAN Decision of the Court ¶9 Additionally, in resolving Father’s request to modify the legal decision-making order, the court considered and discussed each of the § 25–403.01 factors.
discussed Cited as authority (rule) Mayol v. Rowlls
Ariz. Ct. App. · 2015 · confidence medium
In re Marriage of Diezsi, 201 Ariz. 524, 525-26, ¶¶ 3, 5 (App. 2002); see also Elliott v. Elliott, 165 Ariz. 128, 131-33 (App. 1990) (remanding for findings of fact and conclusions of law in compliance with Arizona Rule of Civil Procedure 52, the civil counterpart to Arizona Rule of Family Law Procedure 82). ¶18 As a matter of public policy, we recognize the best interests of the child as the primary consideration in allocating legal decision-making authority.
discussed Cited as authority (rule) Arballo v. Orona-Hardee
Ariz. Ct. App. · 2015 · confidence medium
The superior court has broad discretion over such a decision because the “judge is in the most favorable position to determine what is best for the children,” Armer v. Armer, 105 Ariz. 284, 289 , 463 P.2d 818, 823 (1970), and this court reviews such a decision for an abuse of discretion, see In re Marriage of Diezsi, 201 Ariz. 524 , 525 ¶3, 38 P.3d 1189, 1191 (App. 2002); Armer, 105 Ariz. at 289 , 463 P.2d at 823 .
discussed Cited as authority (rule) Iuliano v. Wloch (2×)
Ariz. Ct. App. · 2015 · confidence medium
In re Marriage of Diezsi, 201 Ariz. 524, 525, ¶ 3 , 38 P.3d 1189, 1191 (App. 2002).
examined Cited as authority (rule) Pesetsky v. Pesetsky (3×)
Ariz. Ct. App. · 2014 · confidence medium
In re Marriage of Diezsi, 201 Ariz. 524, 525, ¶ 2 , 38 P.3d 1189, 1190 (App. 2002); see generally ARCAP 15(c).
examined Cited as authority (rule) Manola v. Espinoza (4×) also: Cited "see, e.g."
Ariz. Ct. App. · 2014 · confidence medium
In re Marriage of Diezsi, 201 Ariz. 524, 526, ¶ 5 , 38 P.3d 1189, 1191 (App. 2002); see also Reid, 222 Ariz. at 207, ¶ 13 , 213 P.3d at 356 (remanding for factual findings where trial court provided no facts to support its determination of the best interest of the child, which was contrary to the recommendation of the court-appointed custody evaluator, and where order's language indicated the court may have considered other, unidentified factors, in addition to those listed in § 25-403(A), in making its decision); Owen v. Blackhawk, 206 Ariz. 418, 421-22, ¶ 12 , 79 P.3d 667, 670-71 (App. 2…
discussed Cited as authority (rule) Dean v. Culp (2×)
Ariz. Ct. App. · 2014 · confidence medium
Father failed to file an answering brief, which we may treat as a confession of error; however, we exercise our discretion to address the merits “because a child’s best interests are involved.” See In re Marriage of Diezsi, 201 Ariz. 524, 525, ¶ 2 , 38 P.3d 1189, 1190 (App. 2002). 1 Effective January 1, 2013, the term “custody” was replaced with “legal decision-making.” See Ariz. Rev.
discussed Cited as authority (rule) Ryder v. Ryder (2×)
Ariz. Ct. App. · 2014 · confidence medium
In re Marriage of Diezsi, 201 Ariz. 524, 526, ¶ 5 , 38 P.3d 1189, 1191 (App. 2002); see also Owen v. Blackhawk, 206 Ariz. 418, 420-421, ¶ 8 , 79 P.3d 667, 669-70 (App. 2003) (holding that even though the family court referenced A.R.S. § 25-403, it erred because it did not elaborate on how it weighed any of the factors). ¶12 In this case the family court summarized witness testimony and then “[b]ased on the foregoing” provided its conclusions.
discussed Cited as authority (rule) McNeil v. Goff (2×)
Ariz. Ct. App. · 2014 · confidence medium
We could treat the failure to file an answering brief as a confession of error by Mother, but in our discretion we choose to address the merits “because a child’s best interests are involved.” See In re Marriage of Diezsi, 201 Ariz. 524, 525, ¶ 2 , 38 P.3d 1189, 1190 (App. 2002); see generally ARCAP 15(c). ¶9 Father’s arguments on appeal consist of general and unsubstantiated assertions suggesting that Mother’s decision to change schools was not in the children’s best interest.
examined Cited as authority (rule) Nold v. Nold (6×) also: Cited "see, e.g."
Ariz. Ct. App. · 2013 · confidence medium
In re Marriage of Diezsi, 201 Ariz. 524, 525, ¶ 3 , 38 P.3d 1189, 1191 (App.2002).
discussed Cited as authority (rule) Hurd v. Hurd (2×)
Ariz. Ct. App. · 2009 · confidence medium
See Owen, 206 Ariz. at 421-22, ¶ 12 , 79 P.3d at 670-71 (holding the family court abused its discretion by changing a custody arrangement without making findings on the record); Downs v. Scheffler, 206 Ariz. 496, 501, ¶ 19 , 80 P.3d 775, 780 (App. 2003) (same); In re Marriage of Diezsi, 201 Ariz. 524, 526, ¶ 5 , 38 P.3d 1189, 1191 (App. 2002) (same).
examined Cited as authority (rule) Reid v. Reid (7×) also: Cited "see"
Ariz. Ct. App. · 2009 · confidence medium
Further, A.R.S. § 25-403(B) requires that, “[i]n a contested custody case, the court shall make specific findings on the record about all relevant factors and the reasons for which the decision is in the best interests of the child[ren].” (Emphasis added.) ¶ 12 In Diezsi, this court held that it was an abuse of discretion for the lower court to fail to make the requisite findings pursuant to § 25-403. 201 Ariz. at 526, ¶ 5 , 38 P.3d at 1191 .
discussed Cited as authority (rule) Hurd v. Hurd (2×)
Ariz. Ct. App. · 2009 · confidence medium
See Owen, 206 Ariz. at 421-22, ¶ 12 , 79 P.3d at 670-71 (holding that family court abused its discretion by changing a custody arrangement without making findings on the record); Downs v. Scheffler, 206 Ariz. 496, 501, ¶ 19 , 80 P.3d 775, 780 (App. 2003) (same); In re Marriage of Diezsi, 201 Ariz. 524, 526, ¶ 5 , 38 P.3d 1189, 1191 (App. 2002) (same).
examined Cited as authority (rule) Hart v. Hart (5×) also: Cited "see"
Ariz. Ct. App. · 2009 · confidence medium
See Owen, 206 Ariz. at 421-22, ¶ 12 , 79 P.3d at 670-71 (holding that the family court abused its discretion in its custody award by not making findings on the record, and subsequently reversing and remanding for additional findings); Downs v. Scheffler, 206 Ariz. 496, 501, 503, ¶¶ 19, 34 , 80 P.3d 775, 780, 782 (App.2003) (holding the same but also ordering further cross-examination); In re Marriage of Diezsi, 201 Ariz. 524, 526, 527, ¶¶ 5, 11 , 38 P.3d 1189, 1191, 1192 (App.2002) (vacating a custody award based on the lack of findings and remanding for findings). ¶ 10 The family court�…
examined Cited as authority (rule) Downs v. Scheffler (3×)
Ariz. Ct. App. · 2003 · confidence medium
In re Marriage of Diezsi, 201 Ariz. 524, 526, ¶ 5 , 38 P.3d 1189, 1191 (App.2002).
examined Cited as authority (rule) Owen v. Blackhawk (5×) also: Cited "see"
Ariz. Ct. App. · 2003 · confidence medium
In re Marriage of Diezsi, 201 Ariz. 524, 526, ¶ 3 , 38 P.3d 1189, 1191 (App.2002).
discussed Cited "see" In Re Term of Parental Rights as to J.S.
Ariz. Ct. App. · 2026 · signal: see · confidence high
See In re the Marriage of Diezsi, 201 Ariz. 524 , 525 ¶ 2 (App. 2002). ¶11 To terminate parental rights, a court must find clear and convincing evidence of at least one statutory ground set forth in § 8-533(B), and that termination is in a child’s best interests by a preponderance of the evidence.
cited Cited "see" Schneider v. Perea
Ariz. Ct. App. · 2024 · signal: see · confidence high
See In re Marriage of Dieszi, 201 Ariz. 524, 525, ¶ 2 (App. 2002). 4 SCHNEIDER v. PEREA Decision of the Court I.
cited Cited "see" Tia C. v. Gabriel V.
Ariz. Ct. App. · 2024 · signal: see · confidence high
See In re Marriage of Diezsi, 201 Ariz. 524, 525, ¶ 2 (App. 2002). 5 TIA C. v. GABRIEL V.
cited Cited "see" Hagan v. Pryor
Ariz. Ct. App. · 2024 · signal: see · confidence high
See In re Marriage of Dieszi, 201 Ariz. 524, 525, ¶ 2 (App. 2002). ¶7 “Any change in residence outside Arizona is necessarily a relocation.” Woyton v. Ward, 247 Ariz. 529 , 533, ¶ 11 (App. 2019).
Retrieving the full opinion text from the archive…
In Re the Marriage Of: Liam DIEZSI, Petitioner/Appellant, and Christina M. Diezsi, Respondent/Appellee
2 CA-CV 01-0010.
Court of Appeals of Arizona.
Jan 15, 2002.
38 P.3d 1189
Bays Law Firm, P.C., By P. Randall Bays, Sierra Vista, for Petitioner/Appellant.
Flórez, Brammer, Pelander.
Cited by 85 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 68%
Citer courts: Court of Appeals of Arizona (1)

OPINION

FLÓREZ, J.

¶ 1 The marriage of Liam and Christina Diezsi was dissolved in 1999. The decree of dissolution provided that the parties shared legal custody of their son, Christina having primary physical custody and Liam having secondary physical custody. The decree also ordered Christina not to use alcohol when their son was in her physical custody and ordered both parents to prevent their son from being in the presence of any person “under the influence or ... in possession of an illegal or controlled substance.” At the hearing on the petition for dissolution, the trial court set a review hearing for May 2000, which was later reset for September 2000. In March 2000, Liam asked the court to change physical custody to him. In May, Christina was convicted of possessing marijuana, an offense she committed in January 2000. Following the review hearing in September, the trial court found Christina in contempt for various conduct; issued a detailed order about, among other matters, Christina’s drug activity; and admonished both parents to provide a “reasonably safe and healthy environment for the child.” The court declined, however, to remove the child from Christina’s primary physical custody.

¶ 2 Liam appeals from the trial court’s order denying his request to change custody, arguing that the court did not comply with the requirements of A.R.S. § 25-403. Christina has failed to file an answering brief, which we may regard as a confession of error, see Rule 15(c), Ariz. R. Civ.App. P., 17B A.R.S., but we are not required to do so. See Gonzales v. Gonzales, 134 Ariz. 437, 657 P.2d 425 (App.1982). We decline to do so here because a child’s best interests are involved. See Bugh v. Bugh, 125 Ariz. 190, 608 P.2d 329 (App.1980).

¶ 3 We will not disturb a trial court’s decision on child custody absent a clear abuse of discretion. Pridgeon v. Superior Court, 134 Ariz. 177, 655 P.2d 1 (1982). Because we find a clear abuse here, we vacate the trial court’s order.

¶ 4 When determining custody, initially or on request for modification, a trial court must comply with § 25-403(A). [1] “In a contested custody ease, the court shall make[*526] specific findings on the record about all relevant factors and the reasons for which the decision is in the best interests of the child.” § 25-403(J).

¶ 5 The trial court’s order does not contain the findings required by § 25-403(J), nor does it reflect that the court considered the factors enumerated in § 25-403(A). Nor do such findings appear in the transcript of the hearing at which custody was contested. Thus, we are unable to determine that the court considered the child’s best interests and the factors fisted in § 25-403(A). Accordingly, the court’s order is deficient as a matter of law, and the trial court abused its discretion in denying Liam’s request to change custody without making the requisite findings.

¶ 6 Liam additionally contends that the trial court erred in failing to consider the rebuttable presumption in § 25-403(K) in determining the effect of Christina’s misdemeanor drug conviction. Section 25-403(K) provides:

If the court determines that a parent has been convicted of any drug offense under title 13, chapter 34 or any violation of § 28-1381, 28-1382 or 28-1383 within twelve months before the petition or the request for custody is filed, there is a rebuttable presumption that sole or joint custody by that parent is not in the child’s best interests. In making this determination the court shall state its:
1. Findings of fact that support its determination that the parent was convicted of the offense.
2. Findings that the custody or parenting time arrangement ordered by the court appropriately protects the child.

However, § 25^403(L) outlines how a parent may rebut the presumption. Subsection (L) requires the court to consider the parent’s record of other drug offenses within the preceding five years and the results of random drug testing in a six-month period that show the parent is not using drugs.

¶ 7 In its order, the trial court stated that the presumption in subsection (K) was “quite harsh,” but specifically found that neither of the two factors in subsection (L) that may rebut the presumption “was shown by the evidence.” Relying on the specific language of subsection (K), the court found that the presumption was inapplicable “by its own terms” because Christina’s drug conviction had been entered on May 16, 2000, some two months after, not within twelve months before, Liam had requested the change of custody.

¶ 8 We agree that the precise language in (K) that the parent’s drug conviction occur “within twelve months before the petition or the request for custody is filed” precludes application of the statutory presumption in determining whether to change custody. We do not agree, however, that the trial court was free to disregard the legislative intent and public policy evident in (K), as it apparently did. Clearly, the legislature intended to give notice to a convicted parent that a trial court must consider any drug conviction entered within twelve months prior to the fifing of a request to change custody. And, because that purpose is clear, it must be equally clear that a drug conviction entered even closer to the date of a custody hearing is relevant to a custody determination. More[*527] over, the language of § 25-403(L) explicitly underscores the gravity of a recent drug conviction as a factor in determining custody.

¶ 9 Because Christina admitted at the hearing on the request to change custody that she had been convicted of a drug offense in May 2000 stemming from acts she committed in January 2000, it defies common sense for the trial court to ignore the public policy reflected in § 25-403(K) and to minimize the importance of Christina’s admitted drug use a few months before Liam’s request, particularly in this case in which the court had entered a decree restricting Christina’s alcohol use. We reach this conclusion despite the fact that Christina’s conviction was not entered “within twelve months before” Liam filed his request to change custody.

¶ 10 The trial court found that,
although [Christina] has used marijuana on at least two occasions since [the 1999 hearing on the petition for dissolution], there is no evidence that she violated the Court’s specific order “that at no time may the minor child be in the presence of any person who has ingested any illegal substance.”

The court then found that Christina was not in contempt of its order in the decree. It also noted that the circumstances surrounding the incident that had resulted in Christina’s conviction indicated that the “child was not present at the time” and that no “affirmative evidence [established] that any use or possession of marijuana by [Christina] occurred while the child was in the vicinity.” Even if the presumption of § 25-403(K) is “quite harsh” with respect to drug convictions entered within twelve months before a petition or request to change custody is filed, logic demands that a trial court give weight to a parent’s conviction for drug use when the conviction occurs between the request for a change of custody and the hearing on the request. Cf. State v. Estrada, 201 Ariz. 247, 34 P.3d 356 (2001) (directing courts to construe statutes in ways that avoid irrational result or outcome at odds with legislative intent),

¶ 11 We vacate that portion of the trial court’s order of September 19, 2000, denying Liam’s request for change of custody and remand this matter to the trial court with directions to make the findings required by § 25-403(J), to take into account all relevant circumstances established in prior hearings and any future hearings, and to consider and apply the public policy implications and logic undergirding § 25-403(K) and (L). In our discretion, we deny Liam’s request for attorney’s fees.

BRAMMER, P.J., and PELANDER, J., concur.
1

. The court shall determine custody, either originally or on petition for modification, in[*526] accordance with the best interests of the child. The court shall consider all relevant factors, including:

1. The wishes of the child’s parent or parents as to custody.

2. The wishes of the child as to the custodian.

3. The interaction and interrelationship of the child with the child's parent or parents, the child’s siblings and any other person who may significantly affect the child’s best interests.

4. The child’s adjustment to home, school and community.

5. The mental and physical health of all individuals involved.

6. Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent.

7. If one parent, both parents or neither parent has provided primary care of the child.

8. The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody.

9. Whether a parent has complied with chapter 3, article 5 of this title.