The Alec & Lydia Act: How Arizona's New Domestic Violence Law Changes Custody Cases in 2026
Updated August 21, 2026
Arizona families navigating custody, parenting time, or divorce paperwork should understand an important legal change. The Alec & Lydia Act, also known as House Bill 2995 (HB 2995), took effect on June 22, 2026, and substantially rewrote Arizona’s domestic-violence custody statute, A.R.S. § 25-403.03.
The law changes how Arizona courts must evaluate domestic-violence allegations when deciding legal decision-making and parenting time. It also creates more detailed documentation expectations, including at the temporary-orders stage.
At Dovan Associates, we help Arizona families organize custody paperwork and parenting plans. We are not attorneys and cannot provide legal advice or represent you in court. However, we can help you understand the paperwork process, gather information, and prepare documents accurately so your concerns are clearly presented for the court’s consideration.
Important: This article provides general information, not legal advice. If you or your child is in immediate danger, contact 911 or a qualified domestic-violence advocate. For case-specific legal guidance, speak with an Arizona family-law attorney.
What the Alec & Lydia Act changes in Arizona custody cases
The Act applies to matters involving legal decision-making and parenting time. In everyday language, these issues are often called custody and visitation.
The law now requires Arizona courts to treat domestic violence as contrary to a child’s best interests and to give primary importance to the safety and well-being of both the child and the victimized parent.
This is significant because Arizona courts may consider many factors when creating a parenting plan. Under the new law, domestic violence takes priority if it conflicts with another presumption or general policy, including a preference for substantially equal parenting time.
The Act may affect:
- New custody and divorce cases
- Pending family-court cases
- Requests for temporary orders
- Motions to modify existing legal decision-making or parenting-time orders
- Parenting plans involving allegations of domestic violence or coercive control
An existing order does not automatically change simply because the law took effect. A parent generally must use the appropriate court process to request a modification. However, the new statute allows the court to consider relevant domestic-violence evidence from before an existing order, including evidence that may not have been fully addressed previously.
The definition of domestic violence now includes coercive control
One of the most important changes is the expanded definition of domestic violence. Under HB 2995, domestic violence may include not only conduct covered by Arizona’s criminal domestic-violence law, but also coercive control.
Coercive control is generally a pattern of threatening, humiliating, intimidating, or controlling conduct used to harm, punish, or frighten another person. Examples may include:
- Isolating a parent from family or friends
- Monitoring a phone, location, communications, or movements
- Controlling finances or access to economic resources
- Depriving a parent of independence
- Regulating everyday activities
- Repeated name-calling, degradation, or humiliation
- Threatening deportation or immigration-related consequences
- Threatening to publish sensitive personal information
- Damaging property or household belongings
- Using threats involving a child, relative, or beloved animal
This broader definition recognizes that domestic violence is not always a single physical incident. A continuing pattern of control may be highly relevant to the safety of a parent and child.
When preparing custody paperwork, it is important to describe conduct accurately and specifically. General statements such as “the other parent is controlling” may not provide enough information. A clearer account identifies what happened, when it happened, how often it occurred, and how it affected the parent or child.
Domestic-violence claims no longer require corroboration
The Act states that a domestic-violence claim must be established by a preponderance of the evidence, meaning the court finds that it is more likely than not that the conduct occurred.
The law also provides that corroboration from exhibits or another witness is not required. In practical terms, a parent does not automatically lose the ability to raise a domestic-violence concern simply because there is no police report, medical record, photograph, or eyewitness.
That does not mean every allegation will be accepted automatically. The court still evaluates credibility, relevance, consistency, and all admissible evidence. A parent’s testimony can be important, but organized supporting information may help the court understand the larger pattern.
Useful records may include:
- Text messages, emails, or voicemails
- Screenshots showing threats, monitoring, or harassment
- Police or incident reports
- Medical or behavioral-health records, when properly available
- School or childcare records
- Shelter or advocacy records
- Records involving prior protective orders
- A dated incident timeline
- Information about collateral acts involving other people
Please protect your safety when collecting records. Do not access accounts or devices in a way that violates an order or creates additional risk. If the other parent monitors your phone or online activity, consider speaking with a domestic-violence advocate about safe documentation practices.
A mandatory rebuttable presumption now applies
If the court determines that a parent committed an act or acts of domestic violence, the law creates a mandatory rebuttable presumption that awarding that parent legal decision-making or parenting time is contrary to the child’s best interests.
This is stronger than simply asking the judge to “consider” domestic violence as one factor. The parent who committed domestic violence must overcome the presumption before receiving legal decision-making or certain forms of parenting time.
The law makes it harder for that parent to obtain unsupervised parenting time unless the parent proves safety by clear and convincing evidence. Supervised parenting time may involve a different evidentiary burden, but the court must still consider protective conditions carefully.
Possible safeguards include:
- Supervised parenting time through an agency or approved supervisor
- Exchanges at a protected or safe-exchange location
- Limits on the frequency or duration of visits
- No overnight parenting time
- Confidential addresses
- Restrictions involving alcohol, drugs, or other intoxicants
- A bond for the child’s safe return
- Intervention or counseling requirements
- Suspension of access until a later modification request
Completion of a treatment program alone does not automatically prove rehabilitation. The court may examine whether the program was appropriate, whether the parent accepts responsibility, and whether the parent understands the harm caused.
Courts must make detailed written findings: even at temporary orders
The Alec & Lydia Act creates a significant documentation requirement. When domestic violence is alleged, the court must make specific and detailed written findings addressing the relevant factors.
Those findings must discuss matters such as:
- Coercive control
- Evidence supporting the allegation
- The impact, severity, and circumstances of the conduct
- The mandatory presumption
- Whether the presumption was rebutted
- Why the final parenting arrangement serves the child’s best interests
This requirement applies to temporary orders. Temporary orders can establish parenting time and decision-making arrangements while a divorce or custody case is pending, so presenting the facts clearly at the beginning of a case matters.
When we assist with custody paperwork assistance in Arizona, we encourage clients to organize their information before completing forms. A useful preparation file may include a chronological timeline, copies of relevant records, current orders, proposed safety terms, and a child-focused explanation of the requested parenting plan.
The goal is not to overwhelm the court with every document a parent has ever saved. The goal is to provide accurate, relevant, and organized information that supports the requested relief.
“Mutual” domestic violence is more narrowly defined
The law also limits when a court may describe domestic violence as mutual or apply the presumption to both parents.
The evidence must establish that both parents had the same motive, lacked justification to a similar degree, and inflicted comparable harm. Proportionate self-defense that did not provoke the altercation is excluded from the definition of domestic violence.
This distinction can be important. A parent’s protective response should not automatically be treated as equivalent to the conduct that caused the danger. The circumstances, intent, proportionality, and resulting harm should be described carefully in the paperwork.
How parents can prepare under the new law
If domestic violence or coercive control is part of your custody matter, I recommend taking these steps:
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Read your current orders carefully. Identify what is already required for exchanges, communication, and parenting time.
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Create a factual timeline. Record dates, locations, conduct, witnesses, reports, and the effect on the child or parent.
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Separate facts from conclusions. Describe what was said or done instead of relying only on labels.
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Gather relevant records safely. Keep copies in a secure location and avoid actions that could increase danger.
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Prepare a child-focused proposed parenting plan. Include practical terms for exchanges, communication, supervision, holidays, transportation, and confidentiality.
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Address temporary orders promptly. The new written-finding requirement applies at this stage, so do not assume the court will automatically understand the history.
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Get legal advice when the situation is high-risk or contested. A legal document preparer can assist with paperwork, but cannot advise you on strategy, predict an outcome, or speak for you in court.
A former Dovan client described our approach as “kind and patient” and said that everything went smoothly despite having anxiety about using a legal paperwork service for the first time. That is the standard we work toward: quality documents with a personal touch, especially when the process feels intimidating.
How Dovan Associates can help
The Alec & Lydia Act makes careful documentation more important than ever. Dovan Associates can help Arizona parents prepare and organize family-court paperwork, including custody documents, parenting plans, divorce forms, temporary-order requests, and modification paperwork.
We can help you:
- Identify the information needed for your forms
- Organize dates and supporting details
- Prepare paperwork based on the information you provide
- Review documents for completeness and consistency
- Create a clear, practical parenting-plan structure
- Help you understand where attorney guidance may be necessary
We do not provide legal advice, choose your legal strategy, or guarantee a particular custody result. Our role is to simplify complex paperwork and help you move through the preparation process with greater confidence.
Visit our Family Court services page or request the Divorce Worksheet Form to get started. You can also contact Dovan Associates to schedule time with us, call (623) 594-8987, or email office@dovanassociates.com.
The Alec & Lydia Act changes the custody landscape, but families do not have to navigate the paperwork alone. With accurate information, organized records, and the right professional support, you can take the next step toward a parenting plan centered on safety and your child’s best interests.
Sources: Arizona House Bill 2995, official legislative text; Dovan Associates Family Court services.
This article is for educational purposes only and does not create an attorney-client relationship. Laws, court procedures, and forms may change. Consult an Arizona family-law attorney for advice about your specific circumstances.
