Bill > HB2995

This bill, known as the "Alec and Lydia Act," significantly revises Arizona's family law concerning domestic violence in legal decision-making and parenting time matters for children. It establishes a public policy that domestic violence, including child abuse, is contrary to a child's best interests, prioritizing the safety and well-being of both the child and the domestic violence victim above all else. The bill mandates that courts make specific written findings on domestic violence allegations, detailing the evidence considered and explaining why a parent who committed domestic violence did or did not overcome a mandatory presumption that awarding them legal decision-making or parenting time is against the child's best interests. It broadens the definition of domestic violence to include "coercive control," which encompasses a pattern of abusive conduct like isolation, financial control, stalking, and threats. The bill also clarifies that domestic violence claims can be established by a preponderance of the evidence without requiring corroboration and outlines specific factors courts must consider when determining if a parent has rebutted the presumption, such as the severity and frequency of the violence, and their participation in treatment programs. Furthermore, it prohibits courts from considering certain factors as irrelevant to the presumption, like the child's absence from the scene of violence or the child's preference for contact with the abusive parent. The bill also amends provisions related to temporary orders, requiring courts to make findings on domestic violence allegations in such cases, and modifies procedures for modifying legal decision-making or parenting time orders, particularly in cases involving domestic violence or military deployment.