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Required UCCJEA Affidavit in Arizona | Hildebrand Law, PC

Tue 21st May, 2024 Arizona Child Custody Laws

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 court would have the power to establish or modify custody orders over a child. This was necessary to prevent two different states from issue conflicting child custody orders.

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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 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.

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 information the court to allow the judge to determine what affect that 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 on not disclosed to the other parent or party, or the public and the judge assigned to the case must hold a hearing to determine if the information should remain sealed or unsealed.

If you have questions about the required UCCJEA affidavit in an Arizona child custody case, 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 child custody 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 Arizona child custody or family law case around today.

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