REFERENCE TITLE: family court; admissibility; evidence

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2968

Introduced by

Representatives Blackman: Fink, Keshel

AN ACT

Amending title 25, chapter 4, article 1, arizona revised statutes, by adding section 25-419; RELATING to legal decision-making and parenting time.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 25, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 25-419, to read:

START_STATUTE25-419. Submission of evidence; court discretion; prejudicial rulings

A. In any matter involving legal decision-making or parenting time, the court may not apply any rule to exclude relevant evidence based solely on the format of the evidence, hearsay classification of the evidence or procedural process if the evidence being offered is all of the following:

1. Related to a child's:

(a) Safety.

(b) Mental or emotional well-being.

(c) Trauma indicators.

(d) Expressed wishes as to legal decision-making or parenting time.

2. Related to the behavior of either parent.

3. Offered in good faith.

4. Not offered solely to harass either parent or delay the proceeding.

B. If evidence that is relevant to the safety of a child, the fitness of a parent or the abuse of a child is delayed or discovered immediately before an evidentiary hearing at which the evidence would be admitted and the delay or late discovery of the evidence is for good cause, the court shall continue the evidentiary hearing to the earliest practicable date to allow for the disclosure and submission of the evidence. Before granting a continuance of an evidentiary hearing pursuant to this subsection, the court shall make specific findings on the record as to the finding of good cause. 

C. NOtwithstanding any other law, the criminal record of a parent shall be admitted as evidence in any matter involving legal decision-making or parenting time. 

d. The court shall mAKE WRITTEN FINDINGS ON THE RECORD AS TO THE RELEVANCE and credibility of evidence offered pursuant to subsection A of this section.  If the court determines the evidence is credible, the court shall allow the submission of the evidence WITHOUT LIMITATION.  fAILURE OF A COURT TO MAKE THE WRITTEN FINDINGs REQUIRED BY THIS SUBSECTION CONSTITUTES a REVERSIBLE ERROR.

e. the court shall allow the submission of evidence pursuant to this section by both parents equally.  Any ruling by the court that allows for unequal submission of evidence by either parent shall be considered prejudicial AS A MATTER OF LAW.  A PARENT WHO IS ADVERSELY AFFECTED BY THE UNEQUAL SUBMISSION OF EVIDENCE SHALL BE ENTITLED TO IMMEDIATE APPELLATE REVIEW OR RELIEF THROUGH a SPECIAL ACTION.  END_STATUTE

Sec. 2. Legislative findings

The legislature finds that:

1. It is in the best interest of this state to ensure that the family court is equipped to hear and evaluate safety-related evidence that is necessary to protect children.

2. It is important to remove procedural barriers to the submission of evidence in a family law matter that unfairly silences protective parents or serves to deny the admission of critical evidence related to a child's safety and well-being.

3. It is in the best interest of this state to allow the court to make determinations regarding the credibility of evidence but remove the ability of a court to reject relevant evidence based solely on the form of the evidence of procedural formalities.