Interstate Child Custody and Support
Often times if parents live in different states one or both of the parties may file custody actions in different courts. The risk of multiple court issuing competing child custody orders from different states has been minimized by the enactment by most states of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
Scottsdale Interstate Child Custody and Support Lawyer
Child custody and support payment issues are difficult enough when both parties reside in the same state. Introduction multiple states into the matter introduces another level of complexity. As an experienced interstate child custody and support law firm we are able to help you protect your rights and advance your objectives.
What is the UCCJEA?
The UCCJEA is a uniform act that has been adopted by most states which provides factors a court must consider before it issues an order regarding child custody or child support. It was enacted to correct inconsistencies in previous acts including the Uniform Child Custody Jurisdiction Act.
Initial Custody Determination
Arizona is able to issue an initial custody order under the following circumstances:
- Arizona is the child’s home state or was the child’s home state within six (6) months immediately before the commencement of the proceeding. The home state is defined as the state in which the child lived with a parent for at least six consecutive months immediately before the commencement of a proceeding
- If Arizona is not the home state of the child, then an order from Arizona would be proper if the child and at least one parent have a “significant connection with the state” and substantial evidence is available in Arizona.
- All other courts have declined jurisdiction and Arizona would be a “more appropriate” forum.
- In certain circumstances Arizona may be able to exercise “Emergency” jurisdiction. If an emergency is present contact an experienced Arizona UCCJEA attorney at the Daly Law Firm to discuss your options.
Even if Arizona has initial jurisdiction to make a child custody or support determination it may choose to decline to exercise jurisdiction. An example would be because a party engage in wrongful conduct and another venue would be a more appropriate forum.
Continuing Jurisdiction
Under the UCCJEA a court that makes an initial child custody has exclusive, continuing jurisdiction over that determination. That means that it has the exclusive authority to modify the order unless all the parties leave the state and substantial evidence is no longer available.
Emergency Orders
Even if Arizona does not have initial or continuing jurisdiction it may still enter a temporary emergency order, if the child is in immediate danger. Generally, temporary emergency orders are only valid for a limited period of time in order to provide the parties the opportunity to return to the “home state” and litigate the issue.
Daly Law Firm, PLLC- Phoenix UCCJEA Attorney
At the Daly Law Firm, we understand that interstate custody and child support issue can be highly emotional and stressful. If you are seeking an Arizona family law attorney for an interstate matter in Phoenix, Scottsdale, or the area of Maricopa County, call us at (480) 607-8308 for a free consultation.
The Daly Law Firm represents clients going thorough interstate child support and visitation issues in Maricopa County, including Scottsdale, Phoenix, Anthem, Mesa, Glendale, Chandler, Scottsdale, Gilbert, Tempe, Peoria, Surprise, Avondale, Goodyear, Buckeye, Fountain Hills, El Mirage, Queen Creek, Paradise Valley, Tolleson, Wickenburg, Guadalupe, Cave Creek, Litchfield Park, Youngtown, Carefree and Gila Bend.