Arizona HB 2995 (The "Alec and Lydia Act"): How It Could Change Domestic Violence Allegations in Arizona Custody Cases

Note: As of June 16, 2026, HB 2995 has advanced through the Arizona Legislature, but it has not yet been signed into law by the governor yet, although that is expected to happen soon.

For years, Arizona courts have considered domestic violence an important factor in legal decision making and parenting time cases. However, many attorneys and parties believed that domestic violence findings were sometimes weighed against competing public policies favoring frequent parent-child contact and joint parenting. HB 2995 is designed to change that. The bill would significantly strengthen the role of domestic violence allegations and findings in Arizona custody litigation.

What Is HB 2995?

HB 2995 amends Arizona's custody (legal decision making and parenting time) statutes, including A.R.S. §§ 25-403.03, 25-404, and 25-411. The legislation is often referred to as the "Alec and Lydia Act," named after two Arizona children whose deaths helped inspire the legislation.

The bill's primary purpose is to ensure that allegations and findings of domestic violence receive greater weight in custody determinations and that courts make detailed findings explaining how domestic violence affected their decisions.

Major Changes Arizona Family Law Attorneys Should Know

1. Domestic Violence Becomes a Primary Consideration

Current Arizona law already requires courts to consider domestic violence. HB 2995 goes further by expressly stating that domestic violence is contrary to the child's best interests and that courts must give primary importance to the safety and well-being of both the child and the domestic violence victim. If there is a conflict between domestic violence protections and another competing policy, the domestic violence provisions take priority.

2. Detailed Written Findings Become Mandatory

One of the most significant practical changes is the requirement that judges make detailed findings on the record whenever domestic violence allegations are raised.

The court must specifically address:

• Whether domestic violence occurred;
• The evidence supporting or refuting the allegation;
• The severity and impact of the conduct;
• Whether the presumption against custody applies;
• Whether that presumption was rebutted.

This likely means family court judges will need to spend substantially more time discussing domestic violence allegations in their rulings than they often do today.

3. "Coercive Control" Receives Greater Attention

The bill specifically requires courts to evaluate coercive control when assessing domestic violence claims. Coercive control generally refers to patterns of intimidation, isolation, manipulation, threats, monitoring, financial control, and other behaviors intended to dominate another person.

This is important because many domestic violence allegations in family court do not involve physical injury. The new law appears intended to ensure courts evaluate broader patterns of abusive behavior rather than focusing solely on physical violence.

4. Corroboration Is Not Required

HB 2995 states that a domestic violence claim may be established by a preponderance of the evidence and that corroborating witnesses or exhibits are not necessarily required. Courts may consider many forms of evidence, including:

• Prior court findings;
• Police reports;
• Department of Child Safety records;
• Medical records;
• Shelter records;
• School records;
• Witness testimony;
• Other relevant evidence.

This provision may significantly affect how domestic violence claims are litigated because many cases involve conflicting testimony with limited independent documentation.

5. Stronger Presumption Against Custody for an Abusive Parent

Arizona already has a rebuttable presumption against awarding legal decision making to a parent who committed domestic violence. HB 2995 strengthens and clarifies that presumption.

If the court finds domestic violence occurred, there is a rebuttable presumption that awarding legal decision making or parenting time to that parent is contrary to the child's best interests. The burden shifts to the accused parent to overcome that presumption.

6. Courts May Impose Significant Parenting Restrictions

If the presumption is not overcome, the court may:

• Deny legal decision making authority;
• Require supervised parenting time;
• Restrict parent-child contact;
• Require completion of domestic violence treatment programs;
• Suspend access to the child;
• Prohibit overnight parenting time;
• Impose other protective conditions.

7. Modification Cases Become Easier to Reopen

The bill also affects post-decree litigation. Domestic violence allegations raised after an order is entered must receive the same level of scrutiny as allegations in an original custody case. Additionally, courts may be required to address domestic violence issues before deciding whether a sufficient change in circumstances exists to modify custody orders.

How This Could Change Family Court Litigation

When HB 2995 becomes law, we can expect:

• More evidentiary hearings focused on domestic violence allegations;
• Increased use of expert testimony regarding coercive control;
• More detailed judicial findings;
• Greater appellate scrutiny of custody rulings;
• More requests for supervised parenting time;
• Increased litigation over whether the statutory presumption has been rebutted.

The practical effect may be that domestic violence allegations become one of the most heavily litigated issues in Arizona custody cases.

Potential Concerns and Areas of Debate

Supporters argue the legislation better protects children and domestic violence victims by requiring courts to prioritize safety over other considerations. Opponents and critics may argue that the bill could increase litigation over uncorroborated allegations and make custody disputes more adversarial. Courts will ultimately determine how broadly the new provisions are interpreted. Incentives often determine outcomes. The new law will offer tremendous incentives for parents in custody cases to allege domestic violence. Therefore, we can expect to see more domestic violence allegations.

Bottom Line

HB 2995 represents one of the most significant proposed changes to Arizona custody law in recent years. If enacted, domestic violence allegations will likely play a larger role in legal decision making and parenting time cases. Judges will be required to make detailed findings, coercive control will receive greater attention, and parents found to have committed domestic violence may face stronger presumptions against obtaining legal decision making authority or substantial parenting time.

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Need Help With a Custody Case Involving Domestic Violence?

If you are involved in an Arizona custody dispute involving allegations of domestic violence, legal decision making, or parenting time, Arsenal Law can help you understand your rights and develop a strategy tailored to your case.

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