Affidavit in a Child Custody Case in Arizona
What Must be Included in the Arizona Child Custody Affidavit
Many people are unaware they have to file an affidavit in a child custody case in Arizona.
In a child custody proceeding in Arizona, each party must provide information in an affidavit under oath in the first court document filed to establish or modify a child custody order in Arizona.
This requirement applies to anyone filing for divorce, legal separation, or a separate child custody case.
The required affidavit that must in filed in every child custody case includes the following information:
- The address where the child presently resides
- All places where the child has lived during the past five years
- The names and addresses with whom the child has lived during that five year period.
- Information regarding any other person who may claim to have a case for custody of the child; including cases involving domestic violence, child abuse, or child neglect matters.
The Reason for the Child Custody Affidavit
There are very important reasons the child custody affidavit must be filed when a child custody case is first started in Arizona.
The first is the court must first decide if it has the authority to enter child custody orders.
To do so, it must first conclude it is the appropriate state in which to decide child custody issues.
Arizona follows the Uniform Child Custody Jurisdiction and Enforcement Act.
This Act applies when more than one state could potentially have a basis to assume jurisdiction to enter child custody orders.
This Act was adopted by almost all states to avoid disputes as to which state is most appropriate to enter initial child custody orders.
You can imagine the disputes that could arise if, for example, one child custody order is entered by a judge in California while an Arizona judge issues completely different child custody orders.
Child custody issues are difficult enough without having multiple different child custody orders issues in different states.
The other reason the affidavit must be filed at the inception of a child custody case is to ensure another judge isn’t already addressing child custody issues.
If the court identifies another action already exists, it can then determine if an Arizona judge has the authority to proceed with deciding child custody issues.
For example, it would not be appropriate for an Arizona judge to make custody decisions if another judge, such as a juvenile court judge, has already issued child custody orders in a related juvenile court proceeding.
If you have questions about affidavit in a child custody case in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona child custody and family law attorneys have over 100 years 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 child custody or family law case around today.