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Multi State Child Custody Jurisdiction in Arizona | Hildebrand Law

Posted on : January 16, 2016, By: Chris Hildebrand

Multi State Child Custody Jurisdiction in Arizona

We want to talk to you about multi state child custody jurisdiction in Arizona. In the case of Arizona Department of Economic Security (ADES) vs. Grant, 307 P.3d 1003 (Ariz. Ct. App. 2013,) the Arizona Court of Appeals discussed whether the UCCJEA, as applied in Arizona, prohibits an Arizona court from considering a juvenile dependency case concerning child abuse, if the abuse occurred in Japan.

This case addressed the issue of multi-state child custody laws pertaining to jurisdiction in Arizona. Angie and Devin P. lived in Japan where Devin served in the Air Force. He was transferred to Luke Air Force Base, and he and his family relocated to Arizona.

A month later, the ADES was told by military authorities in Japan that there was evidence that the children had been abused and neglected.

The ADES implemented a safety plan but the parents would not comply with it, so the children were removed from Angie and Devin’s care. The agency filed an action in Arizona state court to have custody taken away from the parents. However, the court dismissed the case.

It rules that it did not have jurisdiction over the case because the petition was based on events that happened, if at all, in Japan, not in Arizona.

A state court can only determine child custody issues if it has jurisdiction – that is if the children have adequate contacts with the state. This rule prevents the courts from making custody rulings involving people who are not in-state or who are just passing through the state.

The Arizona Uniform Act on Multi-State Child Custody Issues

The Uniform Act discusses when a state has jurisdiction to decide custody matters. First, it gives a state jurisdiction if it is the home state of the children or was within the past six months. Here, that is not the case.

The family lived in Texas before Devin was transferred to Japan, and under federal law, Americans serving overseas and their families keep the same home state until they return to the United States. Although the children now live in Arizona, they had not been there for 6 months, which is necessary before Arizona becomes their home state.

However, the Uniform Act also gives a state jurisdiction if “no other state is the children’s home state, the children and their parents have a significant connection with the state, and substantial evidence is available in the state about the children’s care, protection, training, and personal relationships.

“The Court of Appeals evaluated the case and found that no other state was trying to claim child custody jurisdiction and the children and their parents currently live in Arizona and will for the foreseeable future. In addition, the children’s paternal grandfather lives in Arizona and has helped care for the children.

Regarding the evidence, Arizona has the military report of the investigation from Japan, as well as the forensic evaluation of the children completed as part of the ADES investigation. In addition, one child reported an instance of abuse that occurred in Arizona, which has been investigated by ADES. The lower court dismissed the case because most of the events took place in Japan.

However, the Court of Appeals noted that the one instance of in-state abuse was enough to give the court subject matter jurisdiction. In addition, it said that nothing in Arizona law prevents the ADES from investigating and taking action to protect children even if all acts of alleged abuse or neglect occur outside Arizona.

If you need information multi-state child custody jurisdiction in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona child relocation attorneys have over 100 years of combined experience successfully representing clients in multi-state child custody jurisdiction cases in Arizona.

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 multi-state child custody jurisdiction case around today.

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Scottsdale Arizona Divorce Attorney.

Chris Hildebrand wrote the information on this page about multistate child custody jurisdiction in Arizona to ensure everyone has access to information about family law in Arizona. Chris is a divorce and family law 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 divorce should all be guided by the principles of honesty, integrity, and, quite frankly, actually caring about what his clients are going through in a divorce or family law case. In short, his practice is defined by the success of his clients. He also manages all of the other attorneys at his firm to make sure the outcomes in their clients’ cases are successful as well.

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I hired Michael Clancy just when I was about to give up on an existing post-decree case which I started with a different attorney over a year ago. Michael is knowledgeable, upfront and personable; he gave me the confidence to continue and settle my post decree case. I knew he was secure, capable and could handle my case and represent me well. He did everything he could to ensure a great outcome for the modification of my current court orders to help my son have a more stable mental, social and physical well-being, which to me is priceless! I would highly recommend him to anyone who wants to be in the best possible hands during one of the most stressful events that could happen to any parent that wants the best for their child/children. Thank you Michael for fighting for my son's safety!! Also, his paralegal, Alison, was awesome and very helpful!

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HIGHLY RECOMMEND! Cannot say enough wonderful things about my experience with Hildebrand Law. I have been working with Chris and the firm for about 6 years now, and I always feel like my concerns, issues and questions are addressed in a thorough and timely manner. They definitely have my best interests at heart. I recommend Chris whenever anyone asks me who I used as my divorce attorney. Great firm and great results!

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Compassionate and patient and helped so much. The best attorney I've ever dealt with. Nothing but good things to say about Chris. So grateful.

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I first should comment on how I found this law firm. I am an attorney myself, though never licensed in Arizona. I moved to Arizona to rejoin my wife and son, who had moved out to Arizona ahead of me. Things soured. I don't know why, but they did. There was a particular issue for me with inherited property. I did some basic Internet research, and Hildebrand's name kept coming up as the author of scholarly articles on the issue concerning me. I asked that Hildebrand be assigned to my case. This was not possible, but his second in command, Mr. Micuda, took over, and Mr. Micuda knows his business. The initial scheduled 1 hour meeting ran for an hour and 45 minutes, and facts, law, and strategy were fully discussed. Throughout the case, everything was explained to me clearly, both verbally and in writing. Proceedings went forward without delay. Because I had selected one of the most prominent Domestic Relations firms in town, there was no serious opposition. This ended up being an essentially co-operative divorce between the two sides, the reasoning being to conserve assets rather than enrich lawyers. Through a series of 3 or 4 payments, I put up about $10,000 for fees and costs. I found the Hildebrand law firm's billings to be fair. They billed for work done; no padding. I am getting about 25% of what I paid in back, as a refund. The matter was done in about 6 months: divorce, agreed property settlement, agreed support provisions as to my son. My matters were handled by an attorney and paralegal team, and handled efficiently. Mine was not a "big" case in terms of its economic value to anyone, but I did not feel like a second or third class citizen; I was treated with the same respect, even though the dispute was over a condo, as opposed to, say, a Scottsdale mansion with land. This may sound strange, but i was actually somewhat sorry that the matter had to come to a conclusion. I felt that I had been treated like a friend, not just an anonymous customer. Being a practical man, I realize it's down to sending a Christmas or other seasonal card. As I said at the outset, I found this place by dint of my own research. I feel I am a lucky man that I did.

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17:19 28 Jun 18

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21:20 02 Apr 18

I retained Hildebrand Law after interview a number of firms in the valley. Working with Michael C. was incredibly easy and informative. My case progressed in such a organized and thought out way to ensure that my needs were met. Michael was incredibly proactive and was able to see far ahead into my case to steer clear of some roadblocks. I would not hesitate to recommend Michael Clancy, and Hildebrand Law in general, to anyone.

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21:53 27 Feb 18

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A Google User

16:03 22 Nov 17

Dear Stacey and Kip, How can I ever thank you enough for helping me through the most difficult time in my life? I couldn't put into words my heartfelt gratefulness. You both were so compassionate and professional at every given moment throughout this process with me. I thank you from the bottom of my heart. You helped me to regain my freedom.

A Google User

21:41 07 Nov 17

I just want to again thank the Firm for working with me all that it has. I could not have done anything without everyone's assistance. You, Chris and Stacey have been and continue to provide me with compassion and hard work towards my case. Also a very special thanks to Kip for taking my case in the beginning. Also continued support from him and his dedication to providing me with his expertise in this matter.

A Google User

18:16 18 Sep 17

Chris is a smart and aggressive attorney for his clients. Chris always tries to reach a fair settlement of his cases. I’ve represented clients when Chris was the opposing counsel and while he is professional and amicable to work with, he does not back off on what he needs to do for his client

Lindsay Donoian

06:53 27 Sep 14

I cannot express enough how thankful I am that I found Hildrebrand Law. Chris Hildebrand is an excellent attorney who has my best interests in mind and always encourages me to do the right thing regardless of what the opposing party is doing. Chris knows family law very well and relies on that knowledge to format options and solutions for each situation that may arise. He knows what the Court expects and what will and will not be tolerated. He has attempted to settle this case quickly and as inexpensively as possible from the start. His paralegal, Laura, is remarkable. She is organized, quick to respond, and compassionate. Chris is well prepared with a binder full of detailed and organized information and that is likely due to her thorough skills and expertise. While getting a divorce that was unexpected is a painful and difficult process, Chris and Laura treat my family and I like friends rather than another just "client." I am hopeful that I do not need to recommend divorce lawyers to anyone in the future but if I do, Hildebrand Law will be a recommendation I would give hands down.

Sam Franchimone

22:09 12 Sep 13

Despite the unfortunate situation I found myself in, Chris Hildebrand @ Hildebrand Law helped me maneuver every step with professionalism, expertise, and even a sensitivity that was an added bonus. Chris and his staff helped me even when I didn't know I needed the help. In other words. . . they made sure we did not leave anything undone. And in the rare instance we needed the expertise of another professional, Chris knew exactly who to recommend. Chris also knew, because of his experience, what to anticipate down the road of litigation. That meant we were better prepared to meet the challenges head on, which lead to a more equitable and fair outcome. I appreciated that Chris did his best to meet my every need in a timely fashion, even if I had a simple question that required only a phone call or e-mail or if we needed to talk face-to-face. I highly recommend Chris Hildebrand @ Hildebrand Law, PC.

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