The Arizona Court of Appeals-Division One rendered an unpublished decision in the case of Bourgo v. Bourgo a grandparent visitation petition that had previously been denied in an Arizona family court. Since the case is unpublished, you may not be allowed to cite this case as authority in an Arizona court. Judge Jon W. Thompson delivered the decision for the appeals court, in which Presiding Judge Randall M. Howe and Judge Lawrence F. Winthrop joined.
The grandparents are the mother’s parents and, therefore, are the maternal grandparents of the mother’s minor child, who is the subject of the appeal. The child was born in January of 2001, out of wedlock, to mother and father. The mother and father married in May of 2002. They are also the biological parents of two other children, which are not subjects of this appeal.
In June of 2003 mother petitioned for dissolution of marriage with minor children and the Arizona family court rendered a decree of dissolution in November 2004. Mother was awarded parenting time “every weekday from 9:00 a.m. until 4:00 p.m. and every other weekend from Saturday at 3:00 p.m. through Sunday at 3:00 p.m.”
In January 2006, the parents agreed to a parenting plan following which the Arizona family court granted father sole legal custody of the three minor children (the youngest being the subject of this appeal).
At this same hearing, the father petitioned the Arizona family court to relocate, with the minor children, to Portland, Oregon. His request was granted, and he subsequently moved to Oregon with the children.
A month after the January 2006 ruling, the mother filed an emergency motion for sole legal custody of the three minor children and had them returned to her. The Arizona family court denied her motion.
Mother was allowed, per court order, parenting time in Oregon upon 48 hours’ notice to the father. The historical record reveals that the minor children have lived with father in Oregon since 2006.
In September 2008 mother returns to the Arizona family court requesting the Court to modify custody and award her sole legal custody of the parties’ minor children.
Father asked that the Court affirm prior custody orders granting him sole legal custody of the parties’ minor children. The Court considered the Conciliation Services’ Findings of Fact and Conclusions of Law report. Within this report, it was noted that the mother had spent no time with the minor children since their move to Oregon in 2006.
She claimed that she could not afford the air travel costs; however, it was noted that within the same time (two years) mother had moved frequently from Arizona to California and Hawaii. Mother was unable to convince the court that traveling to Oregon was not affordable.
Also of significant concern to the Court was the mother’s unstable mental health. The Court found that evidence supported findings that the mother had experienced hallucinations and needed hospitalization to address her mental health issues. This was of great concern to the Court and weighed heavily in its decision.
The mother did acknowledge that she had not received any mental health treatment since 2004. The Court considered all of the findings within the Findings of Fact and Conclusions of Law report submitted by Conciliation Services regarding the child custody and visitation issues, and also weighed the Court’s observations of mother’s incapacity to focus on answering questions without deviating to unrelated matters.
The Court denied the mother’s petition and ordered her to undergo a psychological assessment to “rule out any pathology that could pose a risk to the safety and well-being of the children.”
After many years and several more circumstances that were irrelevant to the appeal, in March 2016 mother and maternal grandparents filed a petition in the Arizona family court requesting grandparent visitation with the youngest minor child.
The court considered the petition and ruled that it no longer had jurisdiction over the matter and denied the grandparents’ visitation request. The grandparents and mother filed an appeal. The Court concluded, “that appeal was premature – because the family court’s order was not final under Arizona Rule of Civil Procedure 58(a) as the judge did not sign it.”
In June 2016 the family court issued a nunc pro tunc order to include the judge’s signature.
Review and Analysis
In February 2017 the Arizona Court of Appeals reviewed and considered whether the Arizona family court had “subject matter jurisdiction under Arizona’s version of the Uniform Child Custody and Enforcement Act (UCCJEA)”. The Arizona family court ruled that it no longer had jurisdiction in regards to the minor child who has lived in Oregon since 2006.
The appeals court agreed that Arizona did not have jurisdiction in the matter and affirmed the family court’s ruling. It was noted that “Oregon, not Arizona, had jurisdiction because Arizona was not the minor child’s home state at the time of, or six months before, the grandparents’ petition.”
The small child “no longer has a significant connection with this state….substantial evidence is no longer available in this state concerning the child’s care, protection, training, and personal relationships”. The Arizona Court of Appeals Presiding Judge and two other Judges affirmed the family court’s ruling.
The takeaway from this case is that the Arizona Superior Court judge continued to have jurisdiction under the UCCJEA as to the mother because it previously gained exclusive jurisdiction over the child custody issues and had not chosen to decline that jurisdiction.
The grandparents’ new petition for visitation, however, occurred after the child had established a new “home state” in Oregon over which the Arizona judge concluded it did not have UCCJEA jurisdiction and, therefore, properly dismissed the grandparents’ petition for visitation.
If you have questions about jurisdiction to petition for visitation in an Arizona divorce case, 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 Arizona child custody or family law case around today.
More Articles About Child Custody Laws in Arizona
- CHILD CUSTODY LAWS IN ARIZONA
- CHILD RELOCATION IS A MODIFICATION OF CHILD CUSTODY IN ARIZONA
- CALCULATING DISTANCE FOR CHILD RELOCATION IN ARIZONA
- CHANGE IN CIRCUMSTANCES FOR CHILD CUSTODY MODIFICATIONS IN ARIZONA
- EMERGENCY CHILD CUSTODY WHEN ARIZONA LACKS JURISDICTION
- HOW TO REGISTER A CHILD CUSTODY ORDER IN ARIZONA
- HOME STATE CUSTODY JURISDICTION WHEN A CHILD RELOCATES TO ARIZONA
- ARIZONA CHILD RELOCATION LAWS
- ARIZONA CHILD CUSTODY JURISDICTION: TEMPORARY VERSUS PERMANENT RELOCATIONS
- TEMPORARY VISITATION ORDERS FOR GRANDPARENTS IN ARIZONA
- CIRCUMSTANCES WHEN CHILD RELOCATION STATUTE DOES NOT APPLY IN ARIZONA
- SIGNIFICANT DOMESTIC VIOLENCE AND SOLE CUSTODY IN ARIZONA
- SIGNIFICANT DOMESTIC VIOLENCE AND CHILD CUSTODY MATTERS IN ARIZONA
- RAISING ALLEGATIONS THAT WERE RAISED IN A PRIOR ARIZONA CHILD CUSTODY CASE
- MULTI-STATE CHILD CUSTODY JURISDICTION IN ARIZONA
- SCHOOL CHOICE AND CHILD CUSTODY IN ARIZONA
- UNAUTHORIZED RELOCATION OF CHILDREN IN ARIZONA
- GRANDPARENTS CANNOT PREVENT CHILD RELOCATION IN ARIZONA
- WHEN ARIZONA’S CHILD RELOCATION STATUTE DOES NOT APPLY
- UCCJEA CHILD CUSTODY JURISDICTION IN ARIZONA
- MENTAL HEALTH RECORDS IN ARIZONA CHILD CUSTODY CASES
- FAILING TO ALLEGE A CHANGE IN CIRCUMSTANCES WHEN MODIFYING CHILD CUSTODY
- CHILD CUSTODY AND NARCISSISTIC PERSONALITY DISORDERS IN ARIZONA
- CHANGE IN CIRCUMSTANCES TO CHANGE CHILD CUSTODY IN ARIZONA
- MUTUAL ACTS OF DOMESTIC VIOLENCE AND CHILD CUSTODY IN ARIZONA
- PARENTING TIME WITH A NON-BIOLOGICAL CHILD IN ARIZONA
- WHEN A CHILD CUSTODY HEARING IS REQUIRED IN ARIZONA
- HOSTILE COMMUNICATIONS A BASIS TO MODIFY CHILD CUSTODY IN ARIZONA
- DUE PROCESS RIGHTS IN AN ARIZONA CHILD CUSTODY HEARING
- THIRD PARTY VISITATION WITH A CHILD IN ARIZONA
- SUITABLE NOTICE FOR AN ARIZONA CHILD CUSTODY HEARING
- MEANING OF HOME STATE JURISDICTION IN ARIZONA
- WHAT DOCTORS SHOULD KNOW ABOUT CHILD CUSTODY IN ARIZONA
- WITHHOLDING CHILDREN FROM A CUSTODIAL PARENT IN ARIZONA
- THE BEST CHILD CUSTODY LAWYER IN ARIZONA
- FALSE ALLEGATIONS OF CHILD ABUSE IN A CHILD CUSTODY CASE
- WHO GETS CUSTODY OF THE CHILDREN WHEN A DIVORCE IS FILED IN ARIZONA
- WHAT VISITATION OR PARENTING TIME SCHEDULES CAN JUDGES ORDER IN ARIZONA
- WHAT IS JOINT LEGAL CUSTODY AND JOINT LEGAL DECISION MAKING IN ARIZONA
- WHAT IS A PARENTING COORDINATOR IN AN ARIZONA CHILD CUSTODY CASE
- WHAT IS A CHILD CUSTODY EVALUATION IN ARIZONA
- WHAT HAPPENS IF A PARENT WANTS TO MOVE OUT OF STATE WITH A CHILD IN ARIZONA
- WHAT ARE THE CHILD CUSTODY FACTORS IN ARIZONA
- TEMPORARY CHILD CUSTODY IN ARIZONA
- RESTRICTIONS IN ARIZONA ON TAKING CHILDREN TO ANOTHER COUNTRY
- PRESUMPTION OF EQUAL PARENTING TIME IN ARIZONA
- DOMESTIC VIOLENCE PRESUMPTION IN ARIZONA CHILD CUSTODY CASES
- PREPARING FOR AN ARIZONA CHILD CUSTODY EVALUATION
- PARENTING TIME AFTER LOSING AN ORDER OF PROTECTION HEARING IN ARIZONA
- PARENTAL ALIENATION IN ARIZONA CHILD CUSTODY CASES
- PARENT INFORMATION PROGRAM CLASS IN ARIZONA
- LIMITS ON MOVING CHILDREN MULTIPLE TIMES IN ARIZONA
- JOINT CUSTODY AND SCHOOL DECISIONS IN ARIZONA
- HOW TO GET SOLE CUSTODY OF CHILDREN IN ARIZONA
- HOW TO ENFORCE PARENTING TIME IN ARIZONA
- HOW TO CHANGE A CHILD’S LAST NAME IN ARIZONA
- HOW TO MODIFY VISITATION OR PARENTING TIME IN ARIZONA
- GRANDPARENT CUSTODY AND VISITATION RIGHTS IN ARIZONA
- GETTING EMERGENCY CHILD CUSTODY ORDERS IN ARIZONA
- ENFORCING VISITATION AS A NON-CUSTODIAL PARENT
- DO COURTS FAVOR MOTHERS IN CUSTODY BATTLES
- ARIZONA COURTS CANNOT DELEGATE CHILD CUSTODY DETERMINATIONS TO AN EXPERT
- CONTESTING RELOCATION OF A CHILD WHEN YOU DO NOT LIVE IN ARIZONA
- CO-PARENTING AFTER DIVORCE
- CHANGING A CHILD’S LAST NAME IN ARIZONA
- CAN A PARENT WITH SOLE CUSTODY LIMIT ACCESS TO A CHILD’S MEDICAL RECORDS
- CAN A GRANDPARENT OR STEPPARENT BE AWARDED CHILD CUSTODY IN ARIZONA
- AFFIDAVITS IN ARIZONA CHILD CUSTODY CASES
- 5 THINGS TO KNOW ABOUT A BEST INTEREST ATTORNEY IN ARIZONA
- WITNESS PREPARATION IN ARIZONA DIVORCE AND CHILD CUSTODY CASES
- EFFECT OF CORONAVIRUS ON CHILD CUSTODY AND VISITATION ORDERS
- TEMPORARY ORDERS FOR GRANDPARENT VISITATION IN ARIZONA
- CAN A STEPPARENT BE HELD IN CONTEMPT FOR WRONGFUL DENIAL OF VISITATION IN ARIZONA
- INTERNATIONAL CHILD ABDUCTION AND CHILD CUSTODY IN ARIZONA
- CHILD ABUSE AND CHILD CUSTODY IN ARIZONA
- FREQUENTLY ASKED QUESTIONS ABOUT CHILD CUSTODY LAWS IN ARIZONA
- CUSTODY OF THE FAMILY PET IN A DIVORCE IN ARIZONA
- HOW TO GET CUSTODY OF A CHILD IN AN ARIZONA DEPENDENCY CASE
- JUDGES CANNOT REQUIRE A CHILD TO SEE A THERAPIST IN AN ARIZONA CUSTODY DISPUTE
- CALCULATING CHILD SUPPORT WITH SPLIT CUSTODY IN ARIZONA
- EXCLUDING EVIDENCE DISCLOSED LATE IN A CHILD CUSTODY CASE IN ARIZONA
- HEARING REQUIRED BEFORE DECLINING CHILD CUSTODY JURISDICTION IN ARIZONA
- FILING A LATE OBJECTION TO CHILD RELOCATION NOTICE IN ARIZONA
- CAN VISITATION WITH A CHILD BE REDUCED WITHOUT PRIOR NOTICE IN ARIZONA
- WHEN FINDINGS OF FACT ARE NOT REQUIRED IN AN ARIZONA CHILD CUSTODY CASE
- FINAL DECISION-MAKING AUTHORITY IN ARIZONA
- HOW TO PREPARE FOR A CHILD CUSTODY HEARING IN ARIZONA
- IMPORTANCE OF MEDIATING CHILD CUSTODY ISSUES IN A DIVORCE IN ARIZONA
- CHANGING CHILD CUSTODY IN ARIZONA WHEN A PARENT RELOCATES TO ANOTHER STATE
- WHAT IS A THERAPEUTIC INTERVENTIONIST IN ARIZONA
- DISMISSAL OF A PETITION TO MODIFY CHILD CUSTODY IN ARIZONA
- CAN A BEST INTEREST ATTORNEY TESTIFY AT A CHILD CUSTODY TRIAL IN ARIZONA
- CHILD CUSTODY AND CRIMINAL RECORDS IN ARIZONA
- FATHER AWARDED CUSTODY ON MOTHER’S MOTION TO MODIFY IN ARIZONA
- HOW TO PREPARE FOR A CHILD CUSTODY CASE IN ARIZONA
- CO-PARENTING WITH YOUR EX IN ARIZONA
- THIRD PARTY SEEKING EMERGENCY CHILD CUSTODY IN ARIZONA
- RIGHT OF FIRST REFUSAL IN ARIZONA
- SOLE LEGAL CUSTODY OVER MEDICAL DECISIONS IN ARIZONA
- BEWARE OF THE KNOWN DONOR IN STATES LIKE CALIFORNIA
- SAME-SEX MARRIAGE AND CHILD CUSTODY IN ARIZONA
- FAILING TO APPEAR FOR A CHILD CUSTODY HEARING IN ARIZONA
- PROHIBITING CONSUMPTION OF ALCOHOL AS A CONDITION OF PARENTING TIME
- JURISDICTION FOR DEPENDENCY CASES IN ARIZONA
- DOMESTIC VIOLENCE AND PARENTING TIME IN ARIZONA
- GUIDELINES FOR SUPERVISED PARENTING TIME IN ARIZONA
- EXCLUDING TESTIMONY IN AN ARIZONA CHILD CUSTODY CASE
- RIGHT OF A GUARDIAN AD LITEM TO BE HEARD IN AN ARIZONA CHILD CUSTODY CASE
- CHANGING PARENTING TIME WHEN CHILDREN CHANGE SCHOOLS
- APPEALING DEPENDENCY ORDERS IN ARIZONA
- RIGHT TO NOTICE AND AN EVIDENTIARY HEARING IN AN ARIZONA CHILD CUSTODY CASE
- HABEAS CORPUS IN AN ARIZONA CHILD CUSTODY CASE
- JURISDICTION OVER A MINOR CHILD RESIDING OUTSIDE THE STATE OF ARIZONA
- DENIAL OF ADDITIONAL TIME TO PRESENT EVIDENCE IN AN ARIZONA CHILD CUSTODY CASE
- PARENTING PLANS IN ARIZONA DIVORCE AND CHILD CUSTODY CASES
- VISITATION RIGHTS OF A PERSON STANDING IN LOCO PARENTIS TO A CHILD IN ARIZONA
- MODIFICATION OF CHILD CUSTODY AND CHILD ABDUCTION IN ARIZONA
- TEMPORARY CHILD CUSTODY ORDERS IN AN ARIZONA DIVORCE DECREE
- CAN A STEPPARENT OBTAIN CHILD CUSTODY RIGHTS IN ARIZONA
- IN LOCO PARENTIS VISITATION WITH A CHILD BY A STEPPARENT IN ARIZONA
- BEST INTEREST STANDARD FOR THIRD PARTY CHILD CUSTODY IN ARIZONA
- ARIZONA CHILD CUSTODY DECISIONS CANNOT BE DELEGATED TO AN EXPERT
- USE OF THE UCCJEA IN DEPENDENCY CASES IN ARIZONA
- ARIZONA UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT STATUTES
- WHAT HAPPENS WHEN ONLY ONE SPOUSE ADOPTS A CHILD IN ARIZONA
As Seen on CBS News, ABC News, NBC News, and Fox News