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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: JUD DPA 8-0-1-0 | Third Read 52-0-8-0-0Senate: FED DPA 4-3-0-0 | Third Read 28-1-1-0 Final Read: 51-4-5-0-0 | Chapter: 263 |
HB 2995: domestic relations; domestic violence
Sponsor: Representative Fink, LD 27
Signed by the Governor
Overview
Overhauls the domestic violence framework used in legal decision-making and parenting time cases by prioritizing domestic violence findings over competing presumptions, expanding what qualifies as domestic violence, and requiring detailed written findings.
History
A.R.S. § 25-403.03 directs family courts to treat domestic violence and child abuse as strongly weighing against a parent’s request for legal decision-making; in cases of significant domestic violence or a significant history of domestic violence, it prohibits awarding joint legal decision-making. Statute requires courts to prioritize the safety and well-being of the child and the domestic-violence victim and specifies types of evidence the court may consider, including court findings, police and medical records, shelter records, school records, and witness testimony. A rebuttable presumption is established that awarding sole or joint legal decision-making to a parent who committed an act of domestic violence is contrary to the child’s best interests (unless both parents committed domestic violence). If domestic violence is found, the offending parent must prove parenting time will not endanger the child or significantly impair the child’s emotional development, and the court may impose protective conditions on parenting time including supervised visitation, treatment requirements, substance restrictions, fee shifting, limits on overnights, bonds and confidentiality measures. Statute also bars ordering joint counseling between a victim and perpetrator and allows the court to involve the Department of Child Safety when abuse or neglect may be at issue.
Provisions
1. Repeals substantially the current statute governing domestic violence and child abuse in child custody cases. (Sec. 1)
2. Makes it the declared public policy of this state to consider domestic violence, including child abuse, as contrary to a child's best interests. (Sec. 1)
3. Makes the safety and well-being of the child and domestic violence victim the highest priority in custody matters. (Sec. 1)
4. Orders the court to make written findings and explanations on the record about various outlined factors, before entering an order for legal decision-making or parenting time, to resolve any domestic violence allegation. (Sec. 1)
5. Prescribes that claims of domestic violence are to be established by a preponderance of the evidence and do not require corroboration from exhibits or witness testimony. (Sec. 1)
6. Outlines various kinds of evidence the court must consider in evaluating a claim of domestic violence, including reports from law enforcement, medical records, domestic violence shelter records and witness testimony. (Sec. 1)
7. Prohibits the court, upon a determination that a parent has committed domestic violence, from requiring the victim to prove that the domestic violence was severe or frequent enough to justify restrictions and from describing domestic violence as mutual unless both parents lacked justification to a similar degree and inflicted similar injury. (Sec. 1)
8. Establishes a mandatory rebuttable presumption that awarding custody to the parent who committed domestic violence is contrary to the child's best interests. (Sec. 1)
9. Provides for procedures and factors the court must cover to determine whether the parent who committed domestic violence has rebutted the presumption that awarding custody is contrary to the child's best interests. (Sec. 1)
10. Requires the court to disregard the following factors as irrelevant to the aforesaid presumption:
a. the child's absence at the time of the domestic violence;
b. the child's unawareness that domestic violence occurred; and
c. the child's preference for maintaining contact with the parent who committed domestic violence. (Sec. 1)
11. Restricts the court from granting certain decision-making or parenting time powers to a parent, who is restricted by the mandatory presumption, unless the presumption is overcome as outlined. (Sec. 1)
12. Directs the court, for a parent who has committed domestic violence, to adopt precautions that prioritize the personal safety and well-being of the child and other parent with various protections, penalties and procedures, as outlined. (Sec. 1)
13. Prohibits the court from ordering a victim of domestic violence to join the parent who committed domestic violence in any treatment or counselling program. (Sec. 1)
14. Stipulates the mandatory presumption continues to apply in any subsequent modification of legal decision-making or parenting time proceeding if the parent who has committed domestic violence fails to overcome the presumption. (Sec. 1)
15. Specifies that for any temporary orders relating to custody, if there are allegations of domestic violence, the court must make the same written findings as established in this Act. (Sec. 2)
16. Permits the aforesaid findings to be confined to evidence admitted at a temporary orders hearing. (Sec. 2)
17. Specifies that if a parent failed to rebut the presumption, the parent remains subject to the same presumption in later custody modification proceedings. (Sec. 3)
18. Asserts the determination of whether evidence exists to overcome the presumption must be resolved as a preliminary matter during the court's decision of whether a sufficient change of circumstances has occurred to allow a modification of a legal decision-making or parenting time order. (Sec. 3)
19. Contains an emergency clause. (Sec. 4)
20. Cites this legislation as the Alec and Lydia Act. (Sec. 4)
21. Defines pertinent terms. (Sec. 1)
22. Makes technical and conforming changes. (Sec. 1, 2, 3)
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Initials NM HB 2995
7/7/2026 Page 0 Signed by the Governor
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