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Required UCCJEA Affidavit in Arizona | Hildebrand Law, PC

Tue 21st May, 2024 Arizona Child Custody Laws
Required UCCJEA Affidavit in Arizona

Arizona has adopted the Uniform Child Custody Jurisdiction Act (the “UCCJEA”). The UCCJEA was adopted to avoid interjurisdictional disputes between courts in different states over which state courts would have the power to establish or modify custody orders over a child. This was necessary to prevent two different states from issuing conflicting child custody orders.

Information to Be Included in the Required UCCJEA in an Arizona Child Custody Case

Arizona Revised Statute Section 25-1039 requires any parent or party in a child custody case in Arizona to either include or file a separate supporting affidavit of where the child currently resides, if known, as well as the address at which the child lived for the preceding five years. The UCCJEA affidavit must also indicate with whom the child lived for each address during that same five-year period of time.

Furthermore, the UCCJEA affidavit must indicate whether the person filing the affidavit has participated as a party, witness, or in any other capacity regarding custody or parenting time with the child. If so, the parent or party must give the court the name of the court, the case number, and a description of any child custody or parenting time orders were issued by that other court.

In other words, the parent or party must put the court on notice that another court in another state has or may issue child custody orders.

The UCCJEA affidavit also requires a parent or a party to inform the court if there are any other court cases involving custody or control of the children.

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Next, the UCCJEA affidavit must contain information, such as the names and addresses, of anyone who either has physical custody of the child or claims to have custody or visitation rights with the child.

Failure of a parent or party to provide this required information may result in the judge dismissing the petition to establish or modify child custody orders in an Arizona child custody case.

If a parent or party to an Arizona child custody case later determines that a new child custody proceeding has commenced over the child, either in Arizona or another state, that parent or party must inform the court to allow the judge to determine what effect the other case has on the current case.

If a parent alleges the health, safety or liberty of a party or child would be placed in danger by disclosing the identifying information about the parent or child in the UCCJEA affidavit, that information must, by law, be sealed and not disclosed to the other parent or party, or the public. The judge assigned to the case must then hold a hearing to determine if the information should remain sealed or unsealed.

Experienced Arizona Child Custody Attorneys

If you have questions about child custody in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona child custody and family law attorneys have decades of combined experience successfully representing clients in divorce and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your child custody or family law case around today. 

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Carlos helped me through the worst time of my life...thank you.
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Benjamin T.
Benjamin T.
I am very glad I chose Kent Millward and Hildebrand Law to represent me in my divorce. There was some complexity with my case and Kent took the time to understand the situation thoroughly and apply his knowledge of the law to put me in a situation in which I could negotiate a fair settlement. Throughout the process, I was given accurate information about what I should expect and what the viable options were. Kent did a great job of being firm in negotiations and in arguments before the court while also leaving the door open for an eventual settlement. All my interactions with the firm were very positive and I could not have asked for anything more.I was also represented by Carlos Noel at the firm for estate issues and then some follow-up on my divorce to remove spousal support. Carlos was great, communicated clearly and accurately, and kept fees to a minimum.I would highly recommend the firm to anyone needing representation in such matters.
Jonathan L.
Jonathan L.
Had a great experience with Kip Micuda, who has helped me with multiple issues over the course of a decade. Highly recommended.
Lidia K.
Lidia K.
I had a complex divorce and custody case that few law firms were willing to take because I work overseas. Carlos Noel and Hildebrand took my case and helped me strategize. While they are not cheap, it's worth every penny. They were responsive and thorough and open to feedback/input. I would highly recommend for anyone looking for experts to help navigate this very confusing and complicated terrain. Thank you Carlos and team for helping me close this chapter of my life with tact and professionalism in less than 1 year!
Elizabeth M.
Elizabeth M.
My husband and I would like to express our profound gratitude to Carlos Noel and the entire team at Hildebrand Law. Over the years, they have been our steadfast navigators through various family matters, from custody agreements to estate planning.Carlos, alongside Lindsey, his paralegal, have consistently demonstrated the utmost professionalism. Their expertise is matched only by their compassion, making complex legal processes feel manageable and humane.
Whitney M.
Whitney M.
I was in a very difficult situation involving divorcing my then husband and fighting for the well-being of my daughter. I discovered Hildebrand and met with Lonnie Sheinson. The first meeting I had with him, I felt at ease and confident that he and the team would fight for me. Lonnie is incredibly knowledgeable about the law and really went to war for me. We ended up winning our trial and I believe it was because of Lonnie's attention to detail and willingness to help that won it for us. I've now moved away from Arizona and Lonnie still will take the time to answer my calls if I have any questions. He's been so helpful and I'm so grateful for Lonnie and his team! If you need a fantastic divorce/ family attorney, Lonnie is the best!
Silver N.
Silver N.
Kip Micuda represented me in a very contentious custody matter. Mr Micuda possesses one of the sharpest legal minds and provides truly compassionate representation for his clients. My children and I are in a much better place due to Mr Micuda's efforts.
Sterling W.
Sterling W.
The entire team at Hildebrand Law was excellent in every aspect of my custody case. Kent Millward and Karla Spaulding-Huft were fantastic. Everyone was extremely helpful and professional throughout the entire process. Their preparation and dedication to my case helped ensure a winning ruling. I have and will continue to refer anyone going through a challenging situation to speak with Chris and his team.
Harvey T.
Harvey T.
Michael Clancy worked with us on 2 cases. He was thorough and always listened to our concerns and needs. Very professional while still being personable. He and his staff made us feel as though our cases were important and gave us realistic expectations of the outcomes.
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