The Alec and Lydia Act: A Synopsis of Arizona's New Domestic Violence Custody Law

In June 2026, Arizona enacted one of the most significant reforms to its family law statutes in recent memory. Known as the Alec and Lydia Act, the law reshapes how courts weigh domestic violence in child custody decisions, placing child safety at the center of custody and parenting-time determinations. At Simon Law Group, we’re here to help you understand what this law means, the changes it will bring about, and how it positively impacts families.

Origin and Passage

The law is named for Alec and Lydia, two children killed by their father during an unsupervised custody visit in May 2024. Their father had been treated for serious mental health issues involving suicidal and homicidal ideation but retained unsupervised access to his children. Following their deaths, their mother, Hope Hooton, advocated for legislative reform to address the gaps that allowed the visits to continue.

The resulting legislation, House Bill 2995, was sponsored by State Representative Lisa Fink. It passed the Arizona House by a vote of 51-4, cleared the Senate, and was signed into law by Governor Katie Hobbs on June 22, 2026. The act amends three sections of Arizona's family law statutes: A.R.S. 25-403.03, 25-404, and 25-411.

Core Provisions

The law introduces several substantive changes to how domestic violence factors into custody proceedings, affecting both the starting point for custody analysis and the evidence courts must consider.

First, it establishes a rebuttable presumption against custody for a parent who has committed domestic violence. Where such a finding exists, courts must presume that awarding that parent legal decision-making authority or parenting time is not in the child's best interest. The presumption can be overcome, but the default position now favors protecting the child.

Second, the law expands the statutory definition of domestic violence to include coercive control. This category captures patterns of controlling, manipulative, or intimidating conduct that need not involve physical violence, such as isolating a partner from friends and family, exerting control over finances, or engaging in constant monitoring and threats.

Third, the act restricts unsupervised and overnight visits. Unless there is clear evidence that a parent found to have committed domestic violence is safe, such visits are restricted.

Fourth, the law addresses cases involving cross-allegations. It specifies that the presumption should not be applied equally to both parents unless their conduct was comparable in severity and harm, preventing the presumption from being used to neutralize a legitimate victim's claims.

Statutory Guidance for Courts

A distinctive feature of the act is its explicit direction to judges regarding which factors are relevant to the presumption and which are not.

Courts are required to consider the severity and frequency of the violence; whether the parent denies or minimizes the abuse; the parent's participation in and completion of treatment programs; evidence drawn from police reports, medical records, and protective orders; and patterns of coercive control rather than isolated physical incidents alone.

Courts must treat as irrelevant whether the victim has "moved on" emotionally; the victim's parenting style or choices unrelated to safety; whether the abuse occurred long ago, absent further context; general assumptions about gender or parenting roles; and whether the abusive parent is otherwise a capable provider.

This framework is intended to keep custody analysis focused on child and parental safety, narrowing the discretion that previously allowed courts to weigh considerations unrelated to actual risk.

Application to Modifications

The presumption extends beyond initial custody determinations into modification proceedings. Where a parent seeks to modify an existing order on safety grounds, the presumption carries forward, and a prior finding that an abusive parent failed to rebut it can persist into subsequent proceedings. The act also revises the procedural requirements governing temporary orders.

Significance

For years, advocates contended that Arizona's custody framework inadequately recognized patterns of abuse that leave no visible injury and did too little to prevent unsupervised access where red flags existed. The Alec and Lydia Act represents the state's legislative response to those concerns. By codifying coercive control, establishing a presumption against custody for abusive parents, and prescribing the factors courts must weigh, the law positions domestic violence as a central rather than peripheral consideration in Arizona custody decisions. When you’re ready to learn more about the Alec and Lydia Act, or need advice on how it may apply to your situation, give us a call at Simon Law Group.