ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

House: JUD DP 8-0-1-0

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2662: parenting time; expert testimony; qualifications

Sponsor: Representative Peña, LD 23

Caucus & COW

Overview

Outlines enhanced requirements for expert testimony and evidence that may be used in a parenting time proceeding in which a parent is alleged to have committed domestic violence or abuse.

History

A parent who is not granted sole or joint legal decision-making is entitled to reasonable parenting time to ensure that the minor child has substantial, frequent, meaningful and continuing contact with the parent unless the court finds, after a hearing, that parenting time would endanger the child's physical, mental, moral or emotional health. A parenting time hearing may be requested under the following conditions:

1)   a parent in any proceeding for marital dissolution, legal separation, annulment, paternity or modification of an earlier decree or judgment requests one; or

2)   a person other than a parent, files a petition for third party rights (A.R.S. § 25-403.01; 25-402).

Statute defines parenting time to mean the schedule of time during which each parent has access to a child at specified times (A.R.S. § 25-401).

Provisions

1.   Requires an expert witness, if testifying regarding alleged domestic violence or abuse, to have demonstrated both expertise and clinical experience in working with victims of domestic violence or abuse before the court may take his testimony in any parenting time proceeding in which a parent is alleged to have committed domestic violence or abuse. (Sec. 1)

2.   Mandates the aforementioned expertise not be solely of a forensic nature. (Sec. 1)

3.   Requires all psychological testing, principles, diagnoses or concepts used by the aforementioned expert witness to have been empirically established and generally accepted as valid and reliable. (Sec. 1)

4.   Restricts the court from using any evidence relating to polygraph examinations, voice-stress analysis or other psychological measures. (Sec. 1)

5.   Defines pertinent terms. (Sec. 1)

 

 

 

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Initials NM/NP                      HB 2662

2/11/2026        Page 0 Caucus & COW

 

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