Arizona Rules of Family Law Procedure (Rule 61) require you to give complete and honest answers to whatever they opposing party is asking provided that it fits your particular case. Whereas you may consider your past criminal and drug history irrelevant, the judge, in determining child custody, can consider a parent's past in making decisions. As for how far you have to go back, any criminal charges you obtained (if any) as a minor are sealed and therefore do not have to be disclosed. As for protecting your privacy, your criminal history is public record, therefore your ex can find out through other avenues. The worst thing that you can do is lie when answering the discovery requests. This is frowned upon by most judges in Arizona.
Drug history consists of any illegal substances that you have ingested in the past. Therefore if you started using drugs at 16, that should be disclosed, regardless of age. You may also want to point out how long you have been clean from drugs or if you successfully completed drug treatment. This will help the judge in deciding custody as well.
*The answer provided is merely informational only and does not create an attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.*
*Laura B. Monte, Esq. is licensed only in the State of Arizona. Her comments provided here are based on Arizona law or case law ONLY.*
Answered on Dec 26th, 2011 at 1:15 PM