parental alienation; hearings; findings; requirements

HB2124 - 572R - I Ver

PREFILED��� JAN 06 2026

REFERENCE TITLE:
parental alienation; hearings; findings; requirements

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2124

Introduced by

Representative
Fink

AN
ACT

amending title 25, chapter 4, article 1,
arizona revised statutes, by adding section 25-407.01; relating to legal
decision-making and parenting time.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 25, chapter 4, article 1,
Arizona Revised Statutes, is amended by adding section 25-407.01, to read:

START_STATUTE
25-407.01.

Parental alienation; findings required; prohibitions; appeals;
definitions

A. In any proceeding to establish or
modify legal decision-making or parenting time, the court shall make
specific findings of fact on the record that resolve all claims of parental
alienation. If the court determines that parental alienation has
occurred, the court shall include on the record all of the following:

1. Identification of the behaviors of
the favored parent that constitute parental alienation.

2. An explanation of how each of the
favored parent's alleged behaviors contributed to the child's rejection of the
nonfavored parent.

3. A description of how the child's
rejection of the nonfavored parent is disproportionate to admitted evidence and
witness testimony.

4. Acknowledgement of what
constitutes parental alienation and estrangement and an explanation as to why
the child's rejection of the nonfavored parent constitutes parental alienation
and not estrangement from the nonfavored parent.

B. When making the findings required
by subsection A of this section, the court shall consider and WEIGH the extent
to which the favored parent's behavior toward the child was intentional and
reckless and whether the favored parent's statements to the child were true.

C. The court may not make a finding
of parental alienation if, by a preponderance of the evidence, the favored
parent establishes a reasonable and independent cause for the child's rejection
of the nonfavored parent.

D. If a party attempts to prove
parental alienation through expert testimony, the expert testimony must meet
the requirements of the Arizona rules of evidence and the Arizona rules of
family law procedure.

E. If the court makes a finding of
parental alienation but does not comply with the requirements of this section,
the nonfavored parent may seek relief through a petition for special action
with the appellate court.� An appellate review pursuant to this subsection
shall be confined to the legal question of whether the trial court made
sufficient findings to comply with the requirements of this section.� The
appellate court may not review the trial court's assessment of witness
credibility, testimony or evidence.

F. For the purposes of this section:

1. "Estrangement" means
that the child's rejection of the nonfavored parent is objectively reasonable
due to either:

(
a
) The
nonfavored parent's behavior.

(
b
) The
considerations prescribed in section 25-403, subsection A.

2. "Favored
parent" means the parent for whom the child has, by words or actions,
demonstrated a preference.

3. "Nonfavored
parent" means the parent with whom the child has rejected a relationship.

4. "Parental alienation"
means intentional or reckless conduct by a favored parent that is directed
toward the child and that causes the child to reject, without justification, a
relationship with the nonfavored parent.
END_STATUTE