ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

House: JUD DP 8-0-1-0 | Third Read 37-20-3-0-0

Senate: FED DPA 4-3-0-0 | Third Read 17-10-3-0-0

☐ 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

Senate Engrossed

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.   Stipulates the court may take testimony from an expert witness in any parenting time proceeding in which a parent is alleged to have committed domestic violence or abuse, only if the expert witness has demonstrated both expertise and clinical experience in working with victims of 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)

 

 

Senate Amendments

1.   Specifies that the expertise demonstrated by the expert witness cannot include expertise and experience that was acquired solely from serving as a court appointee in a parenting time proceeding.

2.   Exempts law enforcement officers who have experience and training in recognizing domestic violence or abuse from the expert witness qualification requirements when testifying on domestic violence or abuse. 

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6.   Initials NM/NP                HB 2662

7.   4/6/2026    Page 0 Senate Engrossed

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