Arizona Family Law Legislation Update 2026
We report on important 2026 legislative changes and family law trends in Arizona. Along with the Alec and Lydia Act, several bills were recently signed into law. These statutes and court interpretations of them may affect your divorce or child custody case as well as plans for modified orders. Here’s what’s new!
ALEC AND LYDIA ACT
Major Change – How Courts Handle Domestic Violence in Child Custody Proceedings
Arizona’s spousal maintenance factors are set forth in ARS § 25-319. For about two decades, all spouses seeking support awards from the family court were required to establish need under at least one of only four circumstances – the threshold analysis before amount and duration were even considered. That will change. Not only are there now five possible circumstances, satisfying the threshold question may be easier for some parties.
The prime sponsor of HB 2031 was Jay Lawrence (R) of District 23. The bill was signed into law by Governor Ducey on April 5, 2018. Change will go into effect soon enough, so spouses should discuss with an experienced divorce attorney whether and how this legislative change could impact their specific situation.
On June 22, 2026, Governor Hobbs signed the “Alec and Lydia Act” into law. As an emergency measure necessary to preserve the public peace, health, and safety, the act immediately became operative (HB2995 Section 4). Siblings Alec and Lydia were victims of paternal filicide before their father committed suicide.
Safety of the child and domestic violence victim must be the highest priority. This substantive overhaul of A.R.S. 25-403.03 begins by declaring as a matter of public policy that domestic violence and child abuse are “contrary to a child’s best interests” and the personal safety of both child and victim – physically, mentally, emotionally – are the highest priority in any legal decision-making or parenting time matter. Any allegation of domestic violence must be resolved with specific written findings on the evidence BEFORE the court enters child custody orders. A claim of domestic violence is established by a preponderance of the evidence with no corroborating evidence or testimony required.
Among other things, the court must take into consideration:
- Domestic violence determinations of fact by another court;
- Evidence collected and reports prepared by law enforcement, DCS, or other government agency;
- Victim’s medical or behavioral health records if privilege and confidentiality is waived;
- Shelter facility records (victim’s informed written consent required);
- School and educational records;
- Other acts of domestic violence against another person that tend to prove coercive control; and
- Witness testimony.
This is about taking extreme caution awarding custody whenever child abuse or domestic violence in any form is alleged. If the court determines the party committed domestic violence, then a mandatory rebuttable presumption arises that awarding legal decision-making or parenting time to that party is contrary to the child’s best interests.
How the mandatory presumption is rebutted. To rebut that presumption, the party who committed domestic violence should be prepared for a very thorough assessment by the court. The list of what the court shall consider is lengthy, but what it must disregard is threefold: It doesn’t matter if the child was absent from the scene of domestic violence, was unaware of it, or prefers “reinstating, maintaining or increasing contact” with the abusive parent.
Two different evidentiary standards apply. Once the mandatory presumption is imposed, the court cannot award sole or joint legal decision-making or unsupervised parenting time to the abusive parent without the presumption being overcome by a show of clear and convincing evidence. Secondly, supervised parenting time cannot be awarded unless the presumption is overcome by a preponderance of the evidence.
The court must take precautionary action. The statute now lists numerous precautions a court must adopt to ensure the child’s safety and the other parent’s. The court cannot, however, order the victim to join the abusive parent in any inpatient or outpatient treatment program, counseling program, or forensic assessment whether it’s in person, virtual, or telephonic.
Orders for reunification treatments and camps were restricted with April 2024 legislation amending A.R.S. 25-418. Family courts had ordered reunification camp attendance and treatments, attempting to repair broken relationships between children and parents, even when some of those parents had abused their children. Today, the court cannot order reunification treatment without both parents’ consent. HB2995 carried this restriction over to A.R.S. 25-403.03. Furthermore, if a party does not overcome the mandatory presumption of having committed domestic violence, then the presumption carries over to modification proceedings.
HB2995 also amended A.R.S. 25-404 regarding court findings of domestic violence in entering temporary orders. And A.R.S. 25-411 regarding post-decree legal decision-making or parenting time modifications. On petition for modified custody, the question of whether new evidence exists that overcomes the domestic violence presumption will be resolved by the court preliminarily along with whether a sufficient change of circumstances has occurred allowing modified orders.
There’s more 2026 Arizona family law legislation!
ADDRESS CONFIDENTIALITY PROGRAM
Protections extended over parental access to prescription medication and records.
HB 2594 (signed into law June 5, 2026) amended A.R.S. 25-403.06 by adding a new subsection regarding parental access to prescription medication and records. The parent who has sole legal decision-making and is also a participant in the Address Confidentiality Program “may provide the information required … by email, cell phone application or regular mail.”
Participation in the Address Confidentiality Program cannot be used as evidence against that party. The act added new section A.R.S. 25-1502. Importantly, the court cannot consider a party’s participation in the Address Confidentiality Program as evidence of instability, parental alienation, or failure to cooperate with the other party.
The act also makes it a Class 1 misdemeanor to intentionally or knowingly obtain or disclose information about an Address Confidentiality Program participant. And it is now a Class 6 felony to intentionally or knowingly obtain or disclose information about a participant in the program for the purpose of “harassment, stalking or domestic violence against a party…”
LEGAL DECISION-MAKING AUTHORITY OVER CHILD’S BURIAL CLARIFIED
Also signed into law on June 5, 2026, was SB1668. Among other things, the act amended A.R.S. 36-831 clarifying the order of responsibility for making burial arrangements or disposition of remains decisions when the decedent was legally separated or divorced or was a minor in a custody case. With a deceased minor child, responsibility for burial and disposition generally devolves to the parent awarded legal decision-making authority.
POSTNUPTIAL AGREEMENTS ON EQUAL FOOTING WITH PRENUPS
Another Arizona legislative change addressed postnuptial agreements (or post-marital contracts). On April 7, the governor signed HB2861 amending A.R.S. 25-201 defining a postnuptial agreement as “an agreement entered into during marriage to divide or delineate one or both spouse’s property interests.” The act added postnuptial enforcement provisions in new section A.R.S. 25-202.01. And it amended A.R.S. 25-203’s scope of agreements, 25 -204’s amending or revoking agreements, and 25-205’s limitations of actions. These changes essentially put postnuptial and prenuptial agreements on equal footing.
Alimony? In case you missed it…
Effective Sept. 1, 2025, application of Arizona Spousal Maintenance Guidelines became mandatory in Arizona divorce, legal separation, annulment, and modification proceedings.
Need help?
Contact one of our Arizona child custody and child support lawyers today! 602-562-2222