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Clear and Convincing Evidence

July 2, 2026

Clear and convincing evidence is a higher standard of proof than preponderance of the evidence but lower than beyond a reasonable doubt. It requires that the evidence produce a firm belief or conviction that the claimed fact is true.

In Arizona family law clear and convincing evidence is required in certain specific proceedings most notably in termination of parental rights cases and under the Alec and Lydia Act for an abusive parent seeking to overcome the domestic violence presumption to obtain unsupervised parenting time or any legal decision making authority.

The distinction between preponderance and clear and convincing evidence matters in practice. Evidence sufficient to meet a preponderance standard may not meet the higher clear and convincing standard.

 

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7025 N. Scottsdale Road, Suite 303
Scottsdale, Arizona 85253