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The Alec and Lydia Act: what Arizona’s new domestic-violence custody law changes

Arizona rewrote how family courts weigh domestic violence in custody cases — including coercive control. A plain-English walk through the new presumption, the evidence standards, and what it means for existing orders.

Published
Topic
Custody & Safety
Reading time
3 minutes
Status
General information — not legal advice

In June 2026, Arizona enacted one of the most significant changes to custody law in years. HB 2995 — which the session law names the “Alec and Lydia Act” — changes how family courts treat domestic violence when deciding legal decision-making (custody) and parenting time.

It was signed on June 22, 2026, and because it carried an emergency clause, it took effect that same day.

The big shift: domestic violence comes first

Arizona law has long had a policy, in A.R.S. § 25-103, favoring meaningful time with both parents. The new law makes clear that domestic violence overrides that default. Under the amended A.R.S. § 25-403.03, courts must treat domestic violence as contrary to a child’s best interests — notwithstanding the shared-parenting policy.

Coercive control now counts

“Domestic violence” in the custody statute now expressly includes coercive control — patterns of behavior that don’t always leave bruises. The statute’s examples include:

  • Isolating the other parent from friends, family or support.
  • Controlling or restricting access to money.
  • Stalking or monitoring, including with tracking technology.
  • Threats involving immigration status.

How it’s proven — and what happens next

Question What the statute now says
Standard of proof for domestic violence Preponderance of the evidence (more likely than not)
Is a corroborating witness or exhibit required? No
Effect of a finding A rebuttable presumption against the parent who committed it
To get legal decision-making or unsupervised time That parent must rebut the presumption by clear and convincing evidence
To get supervised time Preponderance of the evidence

The law also closes several doors courts sometimes opened in the past:

  • The court must disregard whether the child witnessed the violence, and the child’s stated preference for more time with that parent, when applying the presumption.
  • A treatment-completion certificate alone isn’t proof of rehabilitation.
  • A court can’t order the victim into joint counseling, treatment or a forensic assessment with the abusive parent.

Temporary orders and court procedure

Temporary orders now require written findings on domestic-violence allegations. Separately, the Arizona Supreme Court amended Family Law Rule 47, effective September 12, 2026: motions raising these issues now include a short summary of the violence alleged, and hearings on disputed § 25-403.03 issues receive priority.

What about existing orders?

The modification statute, A.R.S. § 25-411, was amended too. A parent who failed to rebut the presumption in an earlier case remains subject to it when an order is later modified.

Whether the new rules apply to cases that were already pending on June 22 is a question family-law attorneys are still debating; the session law doesn’t include a section addressing it. If your case was open when the law took effect, that’s a question to raise with an attorney directly.

If you are in danger right now, call 911. The National Domestic Violence Hotline is available 24/7 at 1-800-799-7233, or text START to 88788.

Why an attorney matters here

These cases turn on evidence: texts, financial records, location data, witness accounts, police reports. An attorney can help you organize it, request the priority hearing the new rule provides, and push back if the other side argues the presumption shouldn’t apply.


Sources

  1. Laws 2026, Ch. 263 (HB 2995), including emergency clause and short title: azleg.gov
  2. A.R.S. § 25-403.03 — domestic violence and child abuse: azleg.gov
  3. A.R.S. § 25-103 — purpose and policy: azleg.gov
  4. A.R.S. § 25-411 — modification: azleg.gov
  5. Arizona Supreme Court Order R-26-0009 (Family Law Rule 47): azcourts.gov
  6. Office of the Governor, HB 2995 / SB 1723 ceremonial signing (Aug. 20, 2026): azgovernor.gov

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