Skip to main content

Arizona Revised Statutes § 25-403.03 Domestic Violence and Child Abuse

Arizona Revised Statutes § 25-403.03 governs how findings of domestic violence or child abuse impact parental rights and parenting time in family law proceedings. The statute prohibits joint legal decision-making when the court finds significant domestic violence or a significant history of domestic violence and directs courts to treat domestic violence as contrary to the child’s best interests, with the safety of the child and the victim as primary considerations. It establishes a rebuttable presumption against awarding sole or joint parental rights to a parent who has committed domestic violence, defines qualifying acts of domestic violence, and places the burden on that parent to show that parenting time will not endanger the child or impair the child’s emotional development. The law authorizes courts to impose protective conditions on parenting time, including supervised visitation, program participation, substance restrictions, confidentiality measures, and other safeguards, and it bars joint counseling between victims and perpetrators. The statute also permits court involvement of child safety authorities when abuse or neglect is suspected and allows courts to consider whether a parent’s absence or relocation was caused by domestic violence when determining custody or parenting time.

HB 2995, also known as the Alec and Lydia Act is intended to drastically overhaul this statute by establishing a mandatory rebuttable presumption against awarding legal parental rights or unsupervised parenting time to perpetrators of domestic violence and child abuse. The bill, named after two children who were shot and killed by their father while he had custody of them during divorce proceedings, creates new family court procedural rules in child custody arrangements for domestic violence cases. The bill passed through the state legislature and was sent to the Governor to be signed on June 11, 2026. 

Geographical location
Year
Jurisdiction
Avon Center work product