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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
parenting time; expert testimony; qualifications
Purpose
Prescribes requirements for expert witness testimony and evidence that may be allowed in a parenting time proceeding where a parent is alleged to have committed domestic violence or abuse.
Background
A parent in any proceeding for marital dissolution, legal separation, annulment, paternity or modification of an earlier decree or judgment may request legal decision-making or parenting time. The court must determine legal decision-making and parenting time in accordance with the best interests of the child and consider factors that are relevant to the child's physical and emotional well-being, including: 1) the past, present and potential future relationship between the parent and the child; 2) the interaction and interrelationship of the child with the child's parents and any other person who may significantly affect the child's best interests; 3) which parent is more likely to allow the child frequent, meaningful and continuing contact with the other parent; 4) whether there has been domestic violence or child abuse; 5) whether a parent has complied with statutory requirements for domestic relations education; and 6) whether either parent was convicted of an act of false reporting of child abuse or neglect.
The court may order sole or joint legal decision-making, except that the court may not award joint legal decision-making if the court finds the existence of or history of significant domestic violence. A parent who is not granted sole or joint legal decision-making is entitled to reasonable parenting time to ensure that the 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. If the court finds that a parent has committed an act of domestic violence, then that parent has the burden of proving to the court's satisfaction that parenting time will not endanger the child or significantly impair the child's emotional development.
If the parent meets the burden of proof to the court's satisfaction, the court must place conditions on parenting time that best protect the child and the other parent from further harm, including: 1) ordering that an exchange of the child occur in a protected setting; 2) ordering supervised parenting time; 3) ordering the parent who committed the act of domestic violence to complete a program of intervention for perpetrators of domestic violence; 4) ordering the parent who committed the act of domestic violence to abstain from alcohol or controlled substances for up to 24 hours before parenting time; 5) requiring a bond from the parent who committed the act of domestic violence for the child's safe return; or 6) imposing any other condition that the court determines is necessary.
Parenting time means the schedule of time during which each parent has access to a child at specified times. Each parent during the respective parent's scheduled parenting time is responsible for providing the child with food, clothing and shelter and may make routine decisions concerning the child's care (A.R.S. §§ 25-401; 25-402; 25-403; 25-403.01; and 25-403.03).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows the court, in any parenting time proceeding in which a parent is alleged to have committed domestic violence or abuse, to take testimony from an expert witness relating to the alleged domestic violence or abuse only if the expert witness has demonstrated expertise and clinical experience in working with victims of domestic violence or abuse.
2. Prohibits the demonstrated expertise of the expert witness from being solely of a forensic nature.
3. Prohibits the expertise and clinical experience of an expert witness from being generated solely from serving as a court appointee in a parenting time proceeding or any related court proceeding.
4. Limits psychological testing, principles, diagnoses and concepts that may be used by an expert witness to testing, principles, diagnoses and concepts that have been empirically established and generally accepted as valid and reliable for the parameters and conditions tested or the issues evaluated.
5. Prohibits the court from allowing evidence relating to polygraph examinations, voice-stress analysis or other psychological measures.
6. Specifies that the requirements for expert witness testimony relating to the alleged domestic violence or abuse does not apply to a law enforcement officer who has experience and training in recognizing domestic violence or abuse.
7. Defines forensic as any professional activity undertaken pursuant to a court order or for use in litigation, including the evaluation or treatment of a parent, child or other individual who is involved in a parenting time proceeding.
8. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Prohibits experience generated solely from serving as a court appointee from constituting expertise and clinical experience.
2. Exempts a law enforcement officer from the requirements for expert witness testimony relating to the alleged domestic violence or abuse.
House Action Senate Action
JUD 2/11/26 DP 8-0-1-0 FFL 3/23/26 DPA 4-3-0
3rd Read 2/23/26 37-20-3
Prepared by Senate Research
March 27, 2026
AN/ci