Required Affidavit in a Child Custody Case in Arizona
What Must be Included in the 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 stating the child’s present residence, all places where the child has lived during the past five years, and the name and addresses with whom the child has lived during that five year period. The affidavit must also provide information regarding any other person who may claim to have another case that is relevant to the Arizona child custody case, including cases involving domestic violence, child abuse, or child neglect matters.
Reason for the Affidavit in an Arizona Child Custody Case
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 when more than one state could potentially have a basis to assume jurisdiction to enter child custody orders. This Act was enacted 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.
Call the experienced Scottsdale and Phoenix Arizona child custody attorneys at (480)305-8300 at Hildebrand Law, PC to learn more about the required affidavit in an Arizona child custody case.
Chris Hildebrand wrote this article about the required affidavit in an Arizona child custody case to ensure everyone has access to information about child custody laws in Arizona. Chris is a child custody attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a child custody case should all be guided by the principles of honesty, integrity, and actually caring about what his clients are going through.