Serving Metro Phoenix

Main Office
PO Box  14483 
Scottsdale, AZ 85267

With the experience and compassion of
attorney Doug Daly, our solutions include:

  • · Out of State Custody
  • · Child Support Enforcement
  • · Visitation Enforcement
Free Consultation

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Enforcement of Out of State Custody Order

Raising children can be difficult enough on its own. Trying to enforce an order from another state often makes things even more complicated. If custody issues arise it may be advisable to return to the state that issued the custody order to resolve differences between parents. But in some emergency situations you may be entitled to enforce your custody rights in Arizona.

Phoenix Out of State Custody Enforcement Attorney

At the Daly Law Firm we understand the urgency of emergency custody issues and approach each case with the utmost compassion. As dedicated Phoenix and Scottsdale out of state custody enforcement lawyers we have extensive experience with custody cases and can help you navigate the family court system. Call (480) 607-8308 to arrange a free consultation to discuss your case.

Can I enforce an Out of State Custody Order in Arizona?

A court in Arizona is required to recognize and enforce a child custody determination properly issued in another state. An Arizona court is authorized to use any remedy available under Arizona law to enforce the out of state custody determination even though they did not issue the original order.

How do I enforce and Out of State Custody Order in Arizona?

Before you can enforce an out of state custody order in Arizona it must first be registered. The registration process is complex and it is advisable that you seek legal assistance to ensure the order is registered properly. To register an out of state order you must provide the court with the following:

  • Documentation requesting the registration of the order
  • Two copies, including one that is certified, of the original custody order
  • A statement under penalty of perjury that that to the best of the knowledge and belief of the person seeking to register the order that it has not been modified
  • The name and address, unless protected, of all parents or persons acting as a parent who have been awarded custody or visitation in the order being registered

The Court will then file the custody order as a foreign judgment and serve notice on the parties that have been provided to the Court. The registered custody determination is enforceable as of the date it was registered as if it was registered in Arizona. However, a party may contest the validity of the order within 20 days after service of the notice. If you have been served with a notice of registration of an out of state custody order and do not believe the order is valid contact the attorneys at the Daly Law Firm to discuss your case.

Overview of Enforcing an Out of State Custody order in Arizona

Once an out of state order has been registered it may be enforced by filing a Petition to Enforce in Arizona court. Once the Petition to Enforce has been filed the court will issue an order directing the parties to appear and may issue any order necessary to ensure the safety of the parties and the child. These orders could include granting one parent the immediate physical custody of the child and assistance from law enforcement officials in carrying out the order.

Can Arizona Enforce an out of state visitation order?

Although an Arizona court may not have jurisdiction to modify a child custody determination issued in another state it may issue temporary orders regarding visitation including:

  • Temporary Order enforcing a visitation schedule made by another state
  • Temporary Order enforcing the visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule or parenting plan

Generally, these orders are only valid for a limited duration to allow the parties adequate time to obtain an order from the court that issued the original child custody determination. The order may remain in effect until an order is obtained from the court that issued the original custody order or until the time period that the court orders expires.

Daly Law Firm, PLLC - Scottsdale Out of State Custody Enforcement Lawyer

At the Daly Law Firm, we understand that enforcement issues can be highly complex, emotional and stressful. If you are seeking an Arizona family law attorney for enforcement matter in Phoenix, Scottsdale, Tempe or the area of Maricopa County, call us at (480) 607-8308 for a free consultation or submit your case online.

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