The new Arizona custody law took effect on June 22, 2026. That was the day Governor Katie Hobbs signed House Bill 2995, called the Alec and Lydia Act. It had an emergency clause, so it started right away. Nobody had to wait for a later effective date.
This post covers the Arizona custody law changes 2026 brought, and it keeps things simple. We go through the old rules, the new ones, and what this could mean if you already have a parenting plan.
What Is the Alec and Lydia Act?
The law is named for Alec and Lydia Mater, two children from Surprise, Arizona. Their father killed them in 2024 while he had court-ordered parenting time. The family court record showed a history of domestic violence. Their mother, Hope Hooton, went on to push lawmakers for change.
HB 2995 rewrites A.R.S. § 25-403.03. It also changes the rules for temporary orders and for modifying custody orders. It covers legal decision-making and parenting time when domestic violence is claimed. Unmarried parents are covered too.
Alec and Lydia Act: Before and After June 22, 2026
Before June 22, judges looked at the child’s best interests, and domestic violence was one thing they weighed. There was a presumption against giving custody to a parent who committed “significant” domestic violence. The word “significant” was never defined, so judges could read it in different ways. Arizona also leaned toward equal parenting time, which most people call 50/50 custody.
Coercive control had no clear legal meaning. Courts mostly looked for physical harm or a threat of it. Written findings were sometimes short and sometimes detailed, depending on the judge. And a parent who brought up older abuse in a modification case could hear that it should have been raised earlier.
Arizona Custody Law Changes 2026 at a Glance
| Topic | Before June 22, 2026 | After June 22, 2026 |
|---|---|---|
| What counts as domestic violence | Mostly physical harm or threats | Coercive control is included |
| Presumption against the abusive parent | Existed, tied to "significant" violence | Mandatory once the court finds domestic violence |
| Standard of proof | Not set in the old law | Preponderance of the evidence, no corroboration required |
| Who must overcome the presumption | Unclear | The parent who committed the violence |
| 50/50 parenting time | Common starting point | Not the default when domestic violence is found |
| Judge's written findings | Short or uneven | Detailed findings required |
| Older abuse in a modification case | Could be blocked as too late | Court must allow it, even if it predates the last order |
| "Mutual" domestic violence | Could cancel the presumption | Narrow test, and proportionate self-defense is excluded |
What Changed Under the New Arizona Custody Law
These are the main changes:
- Coercive control can now be domestic violence, even with no physical contact.
- Once a court finds domestic violence, it must presume that giving that parent decision-making or parenting time is against the child’s best interests.
- The victim does not have to prove harm. The parent who committed the violence has to overcome the presumption.
- Judges have to explain their findings in detail, and an appeals court reviews them again without deferring to the trial judge.
- A parent or child who is a victim cannot be ordered into counseling or an assessment together with the abusive parent.
- No photos, police report, or witness is needed if the judge finds your testimony believable.
What Counts as Coercive Control?
The law describes coercive control as a pattern of threatening, humiliating, or scaring behavior. It gives a list of examples, and the list is not complete. Some of the examples are:
- Controlling or watching someone’s money
- Tracking a person’s phone, location, or accounts
- Cutting someone off from friends and family
- Frequent name-calling or put-downs, including toward a child
- Threatening to hurt or kill a person, their child, or a pet
- Threatening to share private or sexual images
- Using immigration status as a threat
- Damaging property
What Judges Can Order Now
If the parent cannot overcome the presumption, the court cannot give that parent sole or joint legal decision-making. Unsupervised parenting time takes clear and convincing evidence, which is a higher bar than “more likely than not.” The judge also has to pick safety steps that protect the child and the other parent.
Those steps can be strict. A judge might limit overnights, require exchanges at a protected place, or order a professional supervisor. Access can stop until the parent finishes a domestic violence program. The parent may have to pay for supervision or post a bond for the child’s safe return. These orders end up inside the parenting plan, so they are part of child custody planning in Arizona.
Can a Parent Overcome the Presumption?
Yes, it is possible, but the bar is high. The parent must show that time with the child will not put the child at risk or hurt the child’s emotional growth. The court looks at how serious the violence was, including weapons and strangulation. It also looks at whether the parent still denies or downplays what happened. Time passing does not help automatically.
A class certificate is not enough alone. The parent has to release treatment records, and the program has to match the violence that took place. The parent also has to show real understanding of the harm. Three things cannot be used to weaken the presumption: the child was not there, the child did not know, or the child wants more time with that parent.
Arizona Custody Law Update: Existing Orders and Pending Cases
The Act does not rewrite your current order. That order stays in place until a judge changes it. What changes is how a modification request is handled. If domestic violence is raised, the court must treat it as a primary factor and must hear evidence from before the existing order.
Pending cases are less settled. In July, Representative Lisa Fink said in a news release that the Act applies to active cases no matter when they were filed. Judges have not all agreed. Attorneys tracking cases across the state have seen roughly 60% of judges decline to apply it to petitions filed before June 22. It also varies by county, with Pinal County more likely to apply it than Pima County.
What Parents Can Do Now
A few habits help, no matter which side of the case you are on:
- Read your current parenting plan or court order from start to finish
- Save texts, emails, voicemails, and screenshots
- Write down dates and details of incidents soon after they happen
- Do not change a court order through an informal agreement, because only a judge can do that
- Talk to a lawyer before your next hearing, not after it
If you are in danger right now, call 911. You can also call the National Domestic Violence Hotline at 1-800-799-7233.
Your Parenting Plan Was Written Before This Law. What Now?
The Alec and Lydia Act did not end 50/50 parenting time in every case. It changed the starting point when a court finds domestic violence. Safety comes first in those cases, and judges have to write out their reasons.
If your plan was signed before June 22, 2026, it makes sense to read it again with the new rules in mind. That goes for survivors, for co-parents in tense situations, and for parents who were accused. The attorneys at Modern Law can go over your order with you. You can also contact us to schedule a parenting plan review.
Frequently Asked Questions
This post is for general education and is not legal advice. Every case is different, and Arizona courts are still working out how to apply this law.
