18 Arizona opinions name it 1 courts 1967–2026 5 in the last five years
The cases below were cited by Arizona courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
McGovern v. McGoverngreen2 sentences2014PORTER/DAY-STRANGE Brown, J., Dissenting children, Troxel v. Granville, 530 U.S. 57, 68 (2000), and a grandparent seeking visitation has the burden of rebutting the presumption “that a decision made by a fit parent to deny or limit visitation was made in the child’s best interest,” McGovern, 201 Ariz. at 177, ¶ 17 , 33 P.3d at 511 . ¶31 Consistent with the recognition of these parental rights, the legislature has “provided nonparents with fewer rights than parents.” Egan, 221 Ariz. at 238, ¶ 31 , 211 P.3d at 1222 ; McGovern, 201 Ariz. at 177, ¶ 16 , 33 P.3d at 511 (noting the legislature’s awa 2014PORTER/DAY-STRANGE Brown, J., Dissenting children, Troxel v. Granville, 530 U.S. 57, 68 (2000), and a grandparent seeking visitation has the burden of rebutting the presumption “that a decision made by a fit parent to deny or limit visitation was made in the child’s best interest,” McGovern, 201 Ariz. at 177, ¶ 17 , 33 P.3d at 511 . ¶31 Consistent with the recognition of these parental rights, the legislature has “provided nonparents with fewer rights than parents.” Egan, 221 Ariz. at 238, ¶ 31 , 211 P.3d at 1222 ; McGovern, 201 Ariz. at 177, ¶ 16 , 33 P.3d at 511 (noting the legislature’s awa | 3 | 3 |
Costa v. MacKeygreen2 sentences2026Costa v. Mackey, 227 Ariz. 565, 571, ¶ 12 (App. 2011). 2025Costa v. Mackey, 227 Ariz. 565, 571, ¶ 12 (App. 2011). | 2 | 2 |
Emmett McLoughlin Realty, Inc. v. Pima Countygreen2 sentences2020Emmett McLoughlin Realty, Inc. v. Pima Cty., 212 Ariz. 351 , 357 ¶ 24 (App. 2006) (“All decision makers, judges and administrative tribunals alike, are entitled to a presumption of ‘honesty and integrity,’” and the party asserting bias bears the burden of rebutting the presumption of fairness and showing actual bias; “mere speculation regarding bias will not suffice”) (citing Pavlik v. Chinle Unified Sch. 2014See Emmett McLoughlin Realty, Inc. v. Pima Cnty., 212 Ariz. 351, 357, ¶ 24 , 132 P.3d 290, 296 (App. 2006) (“All decision makers, judges 12 SHAH v. AZ BRD DENTAL EXAM Decision of the Court and administrative tribunals alike, are entitled to a presumption of ‘honesty and integrity,’” and the party asserting bias bears the burden of rebutting the presumption of fairness) (citing Pavlik v. Chinle Unified Sch. | 1 | 2 |
Troxel v. Granvillegreen2 sentences2014A presumption exists that “fit parents act in the best interests of their children,” Troxel v. Granville, 530 U.S. 57, 68 , 120 S.Ct. 2054 , 147 L.Ed.2d 49 (2000), and a grandparent seeking visitation has the burden of rebutting the presumption “that a decision made by a fit parent to deny or limit visitation was made in the child’s best interest,” McGovern, 201 Ariz. at 177, ¶ 17 , 33 P.3d at 511 . ¶ 30 Consistent with the recognition of these parental rights, the legislature has “provided nonparents with fewer rights than parents.” Egan, 221 Ariz. at 238, ¶ 31 , 211 P.3d at 1222 ; McGovern, 2014PORTER/DAY-STRANGE Brown, J., Dissenting children, Troxel v. Granville, 530 U.S. 57, 68 (2000), and a grandparent seeking visitation has the burden of rebutting the presumption “that a decision made by a fit parent to deny or limit visitation was made in the child’s best interest,” McGovern, 201 Ariz. at 177, ¶ 17 , 33 P.3d at 511 . ¶31 Consistent with the recognition of these parental rights, the legislature has “provided nonparents with fewer rights than parents.” Egan, 221 Ariz. at 238, ¶ 31 , 211 P.3d at 1222 ; McGovern, 201 Ariz. at 177, ¶ 16 , 33 P.3d at 511 (noting the legislature’s awa | 1 | 2 |
Cooper v. Coopergreen1 sentence2023See Cooper, 130 Ariz. at 259-60 . ¶39 Wife cannot be said to have met her burden of proof. | 1 | 1 |
State v. Bohngreen1 sentence2020State v. Bohn, 116 Ariz. 500, 503 (1977). | 1 | 1 |
Comeau v. Arizona State Board of Dental Examinersgreen1 sentence2016Agencies may combine investigation, prosecution, and adjudication functions absent a showing of “actual bias or partiality.” Comeau v. Ariz. State Bd. of Dental Exam’rs, 196 Ariz. 102, 108, ¶ 26 (App. 1999). ¶19 A party asserting bias “bears the burden of rebutting the presumption of fairness and establishing a disqualifying interest.” Pavlik, 195 Ariz. at 152, ¶ 11 . | 1 | 1 |
Pavlik v. Chinle Unified School District No. 24green1 sentence2016Agencies may combine investigation, prosecution, and adjudication functions absent a showing of “actual bias or partiality.” Comeau v. Ariz. State Bd. of Dental Exam’rs, 196 Ariz. 102, 108, ¶ 26 (App. 1999). ¶19 A party asserting bias “bears the burden of rebutting the presumption of fairness and establishing a disqualifying interest.” Pavlik, 195 Ariz. at 152, ¶ 11 . | 1 | 1 |
Egan v. Fridlund-Hornegreen2 sentences2014PORTER/DAY-STRANGE Brown, J., Dissenting children, Troxel v. Granville, 530 U.S. 57, 68 (2000), and a grandparent seeking visitation has the burden of rebutting the presumption “that a decision made by a fit parent to deny or limit visitation was made in the child’s best interest,” McGovern, 201 Ariz. at 177, ¶ 17 , 33 P.3d at 511 . ¶31 Consistent with the recognition of these parental rights, the legislature has “provided nonparents with fewer rights than parents.” Egan, 221 Ariz. at 238, ¶ 31 , 211 P.3d at 1222 ; McGovern, 201 Ariz. at 177, ¶ 16 , 33 P.3d at 511 (noting the legislature’s awa 2014PORTER/DAY-STRANGE Brown, J., Dissenting children, Troxel v. Granville, 530 U.S. 57, 68 (2000), and a grandparent seeking visitation has the burden of rebutting the presumption “that a decision made by a fit parent to deny or limit visitation was made in the child’s best interest,” McGovern, 201 Ariz. at 177, ¶ 17 , 33 P.3d at 511 . ¶31 Consistent with the recognition of these parental rights, the legislature has “provided nonparents with fewer rights than parents.” Egan, 221 Ariz. at 238, ¶ 31 , 211 P.3d at 1222 ; McGovern, 201 Ariz. at 177, ¶ 16 , 33 P.3d at 511 (noting the legislature’s awa | 1 | 1 |
Wolkenstein v. Revillegreen2 sentences1999See State v. Jeffers, 135 Ariz. 404, 427 , 661 P.2d 1105, 1128 (1983); Wolkenstein v. Reville, 694 F.2d 35, 42 (2d Cir.1982). 1999See State v. Jeffers, 135 Ariz. 404, 427 , 661 P.2d 1105, 1128 (1983); Wolkenstein v. Reville, 694 F.2d 35, 42 (2d Cir.1982). | 1 | 1 |
State v. Jeffersgreen2 sentences1999See State v. Jeffers, 135 Ariz. 404, 427 , 661 P.2d 1105, 1128 (1983); Wolkenstein v. Reville, 694 F.2d 35, 42 (2d Cir.1982). 1999See State v. Jeffers, 135 Ariz. 404, 427 , 661 P.2d 1105, 1128 (1983); Wolkenstein v. Reville, 694 F.2d 35, 42 (2d Cir.1982). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Marriage of Brebaugh v. Deane
green
1 sentence2023A.R.S. § 25-211(A); Brebaugh, 211 Ariz. at 97–98, ¶ 6. | 1 | 2023–2023 |
Schlaefer v. Financial Management Service, Inc.
green
1 sentence2021Id. | 1 | 2021–2021 |
State v. Garcia-Contreras
green
1 sentence2020The critical inquiry in this context is whether the defendant’s absence is voluntary, as “a valid waiver depends upon voluntariness.” Id. ¶20 Under Arizona Rule of Criminal Procedure (“Rule”) 9.1, a court may infer that a defendant’s absence is voluntary, and thus a valid waiver of the right to be present, “if the defendant had actual notice of the date and time of the proceeding, notice of the right to be present, and notice that the proceeding would go forward in the defendant’s absence.” If these requirements are met, the defendant bears the burden of rebutting the presumption that his or h | 1 | 2020–2020 |
Lutgert v. Lutgert
green
1 sentence2018Id. at 1115-16 . | 1 | 2018–2018 |
United States v. Playboy Entertainment Group, Inc.
green
2 sentences2001Playboy, 529 U.S. at 817 , 120 S.Ct. 1878 (quoting R.A.V. v. City of St. 2001Playboy, 529 U.S. at 817 , 120 S.Ct. 1878 (quoting R.A.V. v. City of St. | 1 | 2001–2001 |
Crafton v. Gibson
green
1 sentence2001As the Indiana appellate court stated in Crafton , “a grandparent seeking visitation has the burden of rebutting the presumption that a decision made by a fit parent to deny or limit visitation was made in the child’s best interest.” 752 N.E.2d at 96-97 . ¶ 18 Second, a trial-court must consider and give “some special weight” to a fit parent’s determination of whether visitation is in the child’s best interest and give “significant weight” to a parent’s voluntary agree *178 ment to some visitation, albeit not as much visitation as the grandparent desires. | 1 | 2001–2001 |
Marriage of Gutierrez v. Gutierrez
green
1 sentence2000Id. | 1 | 2000–2000 |
Tyson v. Tyson
green
2 sentences1967Tyson v. Tyson, 61 Ariz. 329 , 149 P.2d 674 (1944). 1967Tyson v. Tyson, 61 Ariz. 329 , 149 P.2d 674 (1944). | 1 | 1967–1967 |
Porter v. Porter
green
2 sentences1967Porter v. Porter, 67 Ariz. 273 , at page 279, 195 P.2d 132 at page 136 (1948), held that this presumption is not dispelled upon the production of any evidence to the contrary and stated, “The Court must be satisfied that the property really is separate before it can state that the presumption has been dispelled.” The burden of rebutting this presumption is on the one claiming the property to be separate and where there is any doubt in the court’s mind, the property will be treated as community property. 1967Porter v. Porter, 67 Ariz. 273 , at page 279, 195 P.2d 132 at page 136 (1948), held that this presumption is not dispelled upon the production of any evidence to the contrary and stated, “The Court must be satisfied that the property really is separate before it can state that the presumption has been dispelled.” The burden of rebutting this presumption is on the one claiming the property to be separate and where there is any doubt in the court’s mind, the property will be treated as community property. | 1 | 1967–1967 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.