In This Article, You’ll Learn
- What Arizona’s HB 2995 (the Alec & Lydia Act) changed
- How domestic violence may affect parenting time and legal decision-making
- What restrictions courts may impose to protect children
- What evidence may influence parenting time decisions
- Whether a parent automatically loses parenting time
- When to speak with an Arizona family law attorney
The state of Arizona has introduced HB 2995, also known as the Alec and Lydia Act, to prioritize the safety of children involved in child custody cases where domestic violence is involved. Because of this act, Arizona’s HB 2995 and domestic violence in family court are handled in a specific manner, especially regarding parenting time issues. If you are facing a child custody case in the state, HB 2995 and parenting time in Arizona are two major factors you’ll need to consider.
What Is Parenting Time in Arizona?
Arizona custody cases involve two types of child custody.
Legal decision-making, or legal custody, refers to a parent’s right to make decisions on behalf of their child. This includes making decisions about their educational and medical needs and whether they will participate in religious activities. One or both parents may have legal authority to make these decisions for the child.
Parenting time, also known as physical custody or simply child custody, refers to the schedule agreed upon and approved by a judge. This schedule details when and where the child spends time with each parent. Parenting time may be shared between both parents, or one parent may have primary custody.
The newly enacted HB 2995 has significant implications for parenting time decisions in Arizona Family Court.
How Domestic Violence Can Affect Parenting Time Under HB 2995
Arizona Revised Statutes (ARS) § 25-403.03 outlines how any suspicion of domestic violence occurring in the home affects parenting time during custody proceedings. Additionally, it prevents the offending parent from having legal authority to make decisions on the child’s behalf when there is serious domestic violence or a history of domestic violence in the family.
This statute forces the court to consider instances of domestic violence as going against the child’s best interests and requires it to consider the child’s safety and well-being instead. As a result, the court may award sole custody to the non-violent parent.
Court-Ordered Safety Measures
Arizona domestic violence and parenting time cases may include court-ordered safety measures to protect the child and the other parent. This can involve mandating supervised visits, requiring the domestic violence offender to participate in educational programs, restricting substance use, prohibiting counseling with both victims and the offender present, and other safety precautions.
ARS 25-403.03 also stipulates that a family court may determine whether or not child safety services need to be involved in a domestic violence custody case in Arizona whenever abuse or neglect is suspected.
Court Considerations
The recently passed HB 2995 has resulted in an overhaul of ARS 25-403.03 by creating a rebuttable presumption that the court accepts the case presented as true. The only exception is if there is substantial evidence to refute the claims. This evidence must be presented to the court by the opposing party, but the burden of persuasion remains with the party originally presenting the case.
In accordance with ARS 25-404, any findings consistent with ARS 25-403.03(B) must be presented at the time of a temporary orders hearing. Instead of preparing a thorough record involving all domestic violence incidents for a trial, this evidence must be ready for the temporary orders hearing.
Any claims of domestic violence are built upon a preponderance of evidence without requiring another witness, as stated in ARS 25-403.03(C). If the court discovers domestic violence, a mandatory rebuttable presumption is added to the case.
At one time, the court required proof of significant domestic violence or a significant history of domestic violence. However, the Alec and Lydia Act affects parenting time and changes this requirement. The court may not require proof of severe and consistent incidents of domestic violence to remove parental rights from domestic violence offenders.
What Parenting Time Restrictions Can Courts Consider?
| Restriction | Purpose |
| Supervised parenting time | Protects the child’s safety while allowing contact |
| Safe exchange locations | Reduces conflict during exchanges |
| No overnight parenting time | Limits unsupervised access when appropriate |
| Communication restrictions | Protects victims and children from harassment |
| Counseling requirements | Addresses safety concerns and rehabilitation |
| Suspension or limitation | Used when continued parenting time could endanger the child |
When a parent has committed domestic violence, they are likely to be restricted from certain parental rights or receive restrictions regarding time spent with their child.
These are some restrictions that the court may consider:
Communication Restrictions
If a family has a history of domestic violence or if domestic violence has been detected, a court may impose an order of protection. Understanding how a protection order can impact child custody and parenting time in Arizona is important, as it may include communication restrictions and other limitations. Typically, this order includes limited or no communication between co-parents and little to no contact with the children.
Supervised Parenting Time
Supervised parenting time in Arizona is also known as supervised visitation. Under this restriction, a court-approved third party must be present whenever the parent who has committed domestic violence is with their children.
No Overnight Parenting Time
Failure to rebut domestic violence accusations can also risk a parent’s access to overnight visits. A mandatory presumption may prohibit unsupervised or overnight visits by the offending parent.
Safe Exchange Locations
As outlined in ARS 25-403.10, a judge may order the parents to conduct all pick-ups and drop-offs in a safe, supervised location. Arizona offers several locations monitored by police officers, providing safe exchange sites to reduce the risk of conflict or harm. A judge may also order safe exchanges to take place under the supervision of a third party.
Treatment or Counseling Requirements
A family court may order the offending parent to undergo certain treatment programs or counseling to address domestic violence in the home. Therapeutic intervention or reunification therapy may be required for both parents and children.
Suspension or Limitation of Parenting Time
In situations where the court determines that a child is experiencing extreme harm emotionally, physically, and mentally, it will suspend or limit parenting time. Any findings or credible allegations of neglect, abuse, or endangerment lead to prompt restrictions from the court.
Other Safety-Focused Protections
When a child’s safety is in question, a family law judge may choose to add protective measures to a court order.
Does HB 2995 Mean a Parent Automatically Loses Parenting Time?
The HB 2995 Act does not mean that a parent will immediately lose their parenting time. Rather, the outcomes of parenting time involving domestic violence depend on the evidence presented, the findings of the court, the presumption, and whether the parent accused of domestic violence can rebut the presumption.
Attorney Insight From Ryan Reppucci
The Alec and Lydia Act influences the court’s decision on parenting time in four ways. Under HB 2995, the definition of domestic violence now includes coercive control. It establishes a mandatory rebuttable presumption in which custody is restricted from the parent committing domestic violence and stipulates that judicial findings regarding allegations of domestic violence must be included on the record. Any evidence of domestic violence supersedes other presumptions under the law, meaning that the court may not grant 50/50 custody as is typical for most child custody cases.
What Evidence May Matter in Parenting Time Disputes?
Parenting time disputes are handled by the court under ARS 25-403. Under this law, the court must determine what is in the child’s best interests. However, strong evidence proving instances of domestic violence may greatly affect parenting time disputes and the outcome of the case.
Police Reports
Police reports can include extensive details concerning incidents of domestic violence, providing valuable evidence in a parenting time dispute.
Prior Court Findings
Previous court findings of domestic violence result in a presumption against parenting time for the parent who committed the offense.
Messages
Emails, voicemails, and text messages may show how parents communicate with one another and provide evidence of threats, harassment, intimidation, or other abusive behavior.
Witness Testimony
Testimonies from close friends or relatives, childcare providers, therapists, and child development specialists can include observations of the child’s and parents’ behavior.
Medical or Behavioral Health Records
When legally available, medical and behavioral records can demonstrate a child’s physical, mental, and emotional decline due to abuse and neglect.
School Records
Records of attendance and report cards can provide evidence of a parent’s failure to take part in their child’s education.
DCS Records
Records from the Department of Child Safety (DCS) outline the details of any domestic violence allegations, descriptions of home life, and any other observations made by the investigator.
Patterns of Coercive Control
Any evidence of isolation, belittling, degrading, or threatening harm to the child or other family member is considered coercive control. Other patterns of coercive control involve a parent threatening suicide, threatening to harm another member of the family or a family pet, controlling or withholding finances from the other parent or child, or limiting access to services.
What Should Parents Do if Parenting Time Is a Concern?
If you have concerns regarding the co-parent’s parenting time, there are several steps you can take to protect your child.
Document Safety Concerns
Gather evidence of your concerns about parenting time by documenting all safety issues regarding your child. A detailed record demonstrates harm to your child and that parenting time with the parent imposing the harm is against the child’s best interests.
Save Relevant Communications
Keep a record of any communications that demonstrate verbal or emotional abuse.
Follow Existing Court Orders
If you have an existing court order, be sure to follow its terms to avoid violating the parenting plan. Violations of a court order can hurt your case.
Avoid Direct Conflict
Prevent conflict and further issues by communicating strictly through communication tools, such as Family Wizard-style applications or through a lawyer.
Speak With an Arizona Family Law Attorney
Sensitive cases involving domestic violence and parenting time need the expertise of a family law attorney. Consult with an attorney as soon as possible to help you navigate the complex legal proceedings.
FAQs About HB 2995 and Parenting Time
Below are some frequently asked questions about HB 2995 and its impact on parenting time.
How The Valley Law Group Can Help
Your child’s safety is your highest priority. The family law attorneys at The Valley Law Group help parents navigate the difficult legal procedures involving domestic violence charges and how they impact parenting time and custody/legal decision-making. Attorneys may also assist with temporary orders and modifications to custody orders.
If you have concerns about parenting time, don’t handle them alone. Contact The Valley Law Group to talk to an Arizona family law attorney about parenting time and HB 2995.
Sources:
- Arizona Legislature. (n.d.). Arizona Revised Statutes § 25-403.03: Domestic violence and child custody. https://www.azleg.gov/ars/25/00403-03.htm
- Arizona Legislature. (n.d.). Arizona Revised Statutes § 25-403.10: Parenting time; exchanges. https://www.azleg.gov/ars/25/00403-10.htm
- Arizona Legislature. (n.d.). Arizona Revised Statutes § 25-404: Judicial findings and temporary orders. https://www.azleg.gov/ars/25/00404.htm
- Arizona Legislature. (2026). House Bill 2995 (Alec and Lydia Act) – House engrossed summary. https://www.azleg.gov/legtext/57leg/2R/summary/H.HB2995_021226_HOUSEENGROSSED.DOCX
- Arizona Judicial Branch. (n.d.). Child custody and parenting time. https://azcourts.gov/selfservicecenter/Forms/Child-Custody
- Cornell Law School. (n.d.). Arizona Revised Statutes § 25-403.03. Legal Information Institute. https://www.law.cornell.edu/gender-justice/resource/Arizona_Revised_Statutes_%C2%A725_403_03
Ryan Reppucci, Founder/Director of Legal Operations of The Valley Law Group, is recognized as one of Phoenix’s leading family law attorneys. After graduating from Arizona State with the highest honors and inclusion in America’s most prestigious student honor societies, Ryan attended the University of Detroit Mercy School of Law. His career as a law student was decorated with numerous awards, including the University of Detroit Mercy School of Law Book Award, nomination for membership in Who’s Who Among Students in American Colleges and Universities, as well as Moot Court.