How New Laws Could Affect Your Family Law Case In Arizona 

Laws are not set in stone. They are frequently amended to reflect changes in society and gaps identified through case outcomes. Arizona family law is no exception to this. In June 2026, Governor Katie Hobbs signed into law HB 2995, or the Alec and Lydia Act. This law makes significant changes to child custody determinations when domestic violence is a factor. If you or your child’s other parent has been accused of domestic violence, or you believe allegations are possible during your custody case, it’s important that you read up on how these legal changes could impact your case. It’s also important that you are sufficiently prepared and represented when litigating a child custody case involving domestic violence. During stressful times like a child custody case, you and your family deserve skillful legal guidance from a reputable attorney. Learn more about your options today by scheduling your free consultation with AZ Family Law Lawyers at 480-680-9126 for more information. 

What is HB 2995?

House Bill 2995 is also known as the Alec and Lydia Act. It was just recently signed into effect by Arizona Governor Katie Hobbs in June 2026. This bill was introduced in response to the murders of two Arizona children in 2024. Their father, who had a documented history of domestic violence, had been awarded parenting time with them and shot them before shooting himself during his court-awarded unsupervised custody time. This was because Arizona law prioritized a 50/50 relationship with both parents over safety from documented domestic violence at the time. Their mother, Hope Hooton, fought to change Arizona’s custody laws to prioritize child safety and expand the definition of domestic violence. 

The Alec and Lydia Act makes four major changes to child custody laws in Arizona. First, it creates a presumption that overrides the 50/50 presumption that it is safer for a child not to be in the custody of a parent with a history of domestic violence. Second, it adds coercive control as a definition of domestic violence. Third, it creates a presumption that placing a child in the custody of a parent with a history of domestic violence is contrary to the child’s best interest. Finally, it requires higher courts to review domestic violence custody appeals without deference to the prior judge. 

From 50/50 to a Priority on Safety

Previously, Arizona family law judges had a duty to give a child equal time with both parents unless it was contrary to the child’s best interests. A domestic violence conviction was just one of several factors to be considered when determining a child’s best interests. Other factors included the child’s relationship with each parent, how they interacted with other household members, adjustment to a new home, school, and community, and, at a certain age and maturity, their own wishes. 

Some of the restrictions that may be put on a parent with a history of domestic violence after the passage of the Alec and Lydia Act include: 

• No joint or sole legal decision-making 
• Supervised custody exchanges
• Supervised parenting time
• Complete a Domestic Violence Intervention and Counseling program
• Abstinence from drugs and alcohol
• Require a bond for the child’s safe return

Coercive Control

A key factor of HB 2995 is the definition of coercive control and its designation as a form of domestic abuse. When many people hear the term “domestic violence,” they only think of pushing, hitting, and other forms of physical abuse. But domestic violence can include a wide variety of behaviors that ultimately harm the victim. Coercive control is a more subtle form of abuse, but it can insidiously take over the victim’s life. You can find the examples of coercive control listed in HB 2995 in Paragraph L. However, we believe it is easier to understand them through real-life examples:

• A woman has been wanting to break up with a man for several months. Every time she tries to break up with him, he threatens to kill himself and guilts her into staying. He never actually makes any attempts on his life. 
• A husband and wife get into a disagreement about something trivial, but it escalates. The wife threatens to call the police and make a false report that her husband physically abused her to get him to cede to her wishes. 
• A man and woman have a brief romantic relationship, but she eventually breaks up with him. He threatens to post sexually suggestive photos she sent to him online as revenge. 
• A girlfriend regularly demands access to her boyfriend’s phone so she can investigate for evidence of infidelity. He has never cheated, but she just wants to be sure. She scans his text messages, reading any conversations with other women in detail. 
• A husband asks his wife for a divorce. In her anguish, she threatens to kill his dog. 
• A stepdad is dissatisfied with how his wife disciplines her children from a prior relationship. After an argument about stricter rules in the household, he spends the evening polishing his gun in the living room and engaging in other disturbing behavior. 

Are There Any Disadvantages to This New Law?

While HB 2995 promises greater protections for children in active custody matters, it is almost impossible to write a law without flaws. While it is undoubtedly a positive to identify coercive control and categorize it as domestic abuse, the legal definition of coercive control provided by HB 2995 isn’t easily understood. The examples provided are vague, including subjective factors that could cause endless arguments in court. Another aspect of HB 2995 is that there isn’t a time limit on when domestic violence claims are relevant to custody proceedings. Even if the domestic violence occurred years ago, a parent could bring up the allegations now to modify their current parenting plan. This could also have an impact on their child support obligations. This brings up concerns that there could be false allegations of domestic violence, which will be difficult to refute, brought to gain favor in family law proceedings. There might even be an influx of domestic violence claims, emergency child custody orders, and custody modification requests. However, many of these parents may have legitimately experienced domestic violence and not been aware before this new legal change defined coercive control. Lastly, HB 2995 significantly interferes with the relationship of a child and a parent who has committed domestic violence, even if it was a one-time incident years in the past. Some may argue that after rehabilitation, supervised visitation can be used until they can transition back into a deeper relationship. 

With Arizona’s New Family Law Changes, Don’t Enter a Child Custody Matter Unrepresented

Self-representation can save litigants money up-front, but can cost them far more over the years based on how their case turns out. And some of those costs won’t be financial. In family law matters, part of what is at stake is precious time with your children. Your children’s safety could even be in jeopardy. That’s why it’s so crucial to ensure that the child custody orders issued are appropriate for your situation. Overturning or modifying child custody orders isn’t simple or guaranteed. Save yourself time, stress, and more by retaining a quality Arizona family law firm from the start. Schedule your free consultation with AZ Family Law Lawyers today by calling 480-680-9126.

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Office: (480) 680-9126
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Website: https://azfamilylawlawyer.com

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Mesa, AZ 85202
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Tucson, AZ 85701
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Avondale, AZ 85392
Office: (623) 399-4222

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