By admin 
Sponsored – The following content is created on behalf of Genesis Legal Group and does not reflect the opinions of Gray Media or its editorial staff. To learn more about Genesis Legal Group, visit FamilyLawAttorneyMesaAZ.net.
Read more 911 call transcript from botched Christa Pike execution released
Key takeaways
- The Alec and Lydia Act recognizes coercive control as domestic violence in custody cases.
- A domestic violence finding creates a presumption against awarding custody to the abusive parent.
- Equal parenting time is not automatic when a court finds domestic violence.
- When a parent seeks to modify an existing order, the court may consider past domestic violence, including evidence not raised earlier.
- Existing parenting orders remain in effect unless a judge changes them.
(Genesis Legal Group) – It starts with the heartbreaking story of Alec, 7, and Lydia, who had just turned 6, in May 2024.
The Surprise siblings were killed by their father during court-ordered, unsupervised parenting time. Their parents were in the middle of a divorce. Their mom, Hope Hooton, had raised red flags with the court. Their father had still been granted equal parenting time.
Court documents show Surprise dad who killed his kids had history of domestic violence
Hooton didn’t retreat from public life. She went to the Arizona Capitol instead. Two years later, the law she helped shape carries her children’s names.
Surprise mom who lost children in murder-suicide sharing story, advocacy work
Gov. Katie Hobbs signed House Bill 2995, the Alec and Lydia Act, on June 22, 2026. It passed the Legislature with broad bipartisan support, and because it carried an emergency clause, it took effect the same day. It is the most significant rewrite of how Arizona family courts handle domestic violence in custody cases in decades.
“If you share custody of a child in Arizona, this change is worth understanding,” says Ross Schreiter, an Arizona child custody lawyer with Genesis Legal Group.
Why the law was written
For years, Arizona family courts treated domestic violence as one factor among many when deciding custody. Judges often started from a default of 50/50 parenting time.
Schreiter says Hooton’s case exposed three gaps in that system. It treated domestic violence as just one factor among many. It defaulted to equal time even in high-risk situations. And it put the burden on victims to prove future danger rather than on abusers to prove they posed none.
The Alec and Lydia Act reverses those priorities. It declares that domestic violence, including child abuse, is contrary to a child’s best interests. It also requires courts to put the safety of the child and the victim first.
What changes
Coercive control now counts as domestic violence. Before this law, domestic violence in a custody case generally meant physical harm or a direct threat of it. Now the law also recognizes a pattern of threatening, humiliating, or intimidating behavior used to harm, punish, or frighten someone.
The statute lists specific examples:
- controlling someone’s finances
- tracking their location or phone
- isolating them from friends and family
- threatening to harm a child or a pet
- using threats of suicide as a form of control
“You do not need a police report, a protective order, or physical evidence to raise coercive control in court,” Schreiter says. “Your own testimony can be sufficient.”
The burden shifts to the abusive parent. When a judge finds that a parent committed domestic violence, the law now starts from a presumption that giving that parent custody is not in the child’s best interests. The abusive parent must prove otherwise.
Certain arguments can no longer overcome that presumption:
- the child wasn’t present for the violence
- the child didn’t know about it
- the child wants to spend more time with that parent
Equal parenting time is no longer automatic. Arizona’s preference for it still exists, but a domestic violence finding comes first. “A court cannot simply split time down the middle when there’s a safety concern,” Schreiter says.
Judges must show their work. Courts must now document their domestic violence findings in detail and in writing, including in temporary orders.
A certificate isn’t enough anymore
The law does not permanently cut an abusive parent out of a child’s life, but it does raise the bar for getting time back.
“Clearing the presumption requires genuine accountability, not just completing a program and presenting a certificate,” Schreiter says.
To overcome the presumption, a parent must:
- waive confidentiality of their treatment records
- show the program fit the type of abuse involved
- demonstrate a real understanding of the harm they caused
Courts must also weigh how serious the abuse was, including whether it involved weapons, strangulation, or multiple forms of control.
What if you already have a custody order?
This is where the law reaches the most families. Your current parenting plan stays in effect unless a judge changes it. But if you or your co-parent asks for a modification, the new rules apply.
The court must now consider evidence of past domestic violence even if it happened before the current order. That holds even if the abuse was never raised in earlier proceedings.
Schreiter recommends speaking with an attorney if:
- abuse or coercive control happened but was never addressed in your case
- your co-parent is using a completed treatment program as leverage
- your current order is being used as a control tactic
- a past domestic violence finding was made against you, and you want to know what it means now
Changes to parenting time can also affect support. Arizona’s child support calculation factors in how much time each parent has with the child. Parents facing a modification may want to talk with an Arizona child support lawyer, as well.
What to do now
Schreiter offers four steps for any Arizona parent with a custody order.
Read your parenting plan. Know what it says about legal decision-making, parenting time and any protective conditions.
Document everything. Save messages, screenshots, and bank statements, and write down dates and details of incidents that felt controlling or unsafe.
Don’t make informal changes. Verbal agreements aren’t legally binding. Your order stands until a judge modifies it.
Get advice early. “The Alec and Lydia Act introduces new standards that courts are still learning to apply,” Schreiter says. An attorney can explain what your current order means under the new law.
Whether you are seeking protection or responding to an allegation, the stakes are now higher and the rules are new. An experienced Arizona divorce lawyer can help you understand where you stand.
For a deeper breakdown, read Schreiter’s full guide, Arizona’s New Custody Law: What the Alec and Lydia Act Means for Families. To find an office near you, visit Genesis Legal Group Arizona Family Law and Divorce Attorneys.
If you are in immediate danger, call 911 or the National Domestic Violence Hotline at 1-800-799-7233.
Frequently asked questions
Does the Alec and Lydia Act automatically change my custody order?
No, not automatically. Existing parenting plans stay in effect until a judge alters the order. When a parent asks the court for a modification, a judge must apply the new standards.
What is “coercive control”?
The law looks at patterns of behavior used to harm, punish, or frighten someone. That includes controlling someone’s finances, tracking their location or phone, isolating them from friends and family, threatening to harm a child or a pet, or using threats of suicide as a form of control. The best thing you can do is talk to an Arizona family law attorney about your specific circumstances.
What should I do if I have concerns about abuse or a custody order?
Follow your current order; don’t make changes on your own. Document everything. Get legal advice. If you’re in immediate danger, call 911 or the National Domestic Violence Hotline at 1-800-799-7233.
Genesis Legal Group Arizona Family Law and Divorce Attorneys
“When you seek legal counsel, we believe you should always feel understood, respected, and cared for,” the firm says. “For over 20 years, we’ve been committed to a different approach to family law: one led by empowerment, empathy, and excellence. Our promise is to fiercely and compassionately advocate for your rights and best interests, bolstering you forward to the brighter future you deserve.”
This article is sponsored content provided for informational purposes only and does not constitute formal legal advice or create an attorney-client relationship.
Read more Prescott Valley woman found guilty of burglarizing, stealing meds from man she cared for