Bill > HB2124

This bill mandates that in any legal proceedings concerning child custody, known as "legal decision-making" and "parenting time," courts must make specific, recorded findings if parental alienation is alleged. Parental alienation is defined as intentional or reckless actions by one parent (the "favored parent," meaning the one the child prefers) that cause the child to reject the other parent (the "nonfavored parent") without good reason. If the court finds parental alienation has occurred, it must detail the favored parent's specific behaviors, explain how those behaviors led to the child's rejection, describe why the rejection is disproportionate to the evidence, and distinguish between parental alienation and "estrangement," which is a reasonable rejection of a parent due to their own behavior or other factors outlined in existing law. The court must also consider if the favored parent's actions were intentional or reckless and if their statements to the child were truthful, and it cannot find parental alienation if the favored parent proves a reasonable, independent cause for the child's rejection. If expert testimony is used to prove parental alienation, it must meet specific evidence rules. The bill also allows for appellate review if the court makes a finding of parental alienation without following these requirements, though the appellate court will only examine whether the required findings were made, not re-evaluate the evidence itself.

Justice

https://apps.azleg.gov/BillStatus/BillOverview/83764