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

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 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.

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

Frequently Asked Questions About the UCCJEA Afidavit in an Arizona Child Custody Case.

Frequently Asked Questions About UCCJEA Affidavits in Arizona

What is a UCCJEA affidavit in Arizona?

A UCCJEA affidavit is a legal document required in Arizona child custody cases under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The affidavit provides information about a child’s residence history, custody proceedings, and individuals who may claim custody or visitation rights. Its purpose is to help Arizona courts determine whether they have jurisdiction to make or modify child custody orders.

Is a UCCJEA affidavit required in every Arizona child custody case?

Yes. Arizona law generally requires parties involved in a child custody matter to file a UCCJEA affidavit or include the required information in their court filings. The affidavit helps the court identify whether another state may have jurisdiction over the child custody dispute.

What information must be included in a UCCJEA affidavit?

A UCCJEA affidavit must include:

The child’s current address, if known.
The child’s residential history for the previous five years.
The names of individuals who lived with the child at each address.
Information about any prior or pending custody or parenting time cases.
Details regarding any court orders affecting custody or parenting time.
The names and addresses of individuals who claim custody or visitation rights.

Why does Arizona require a UCCJEA affidavit?

Arizona requires a UCCJEA affidavit to prevent multiple states from issuing conflicting child custody orders. By gathering information about the child’s residence history and prior legal proceedings, courts can determine which state has authority to make custody decisions.

What is the purpose of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)?

The UCCJEA was created to reduce interstate child custody disputes and establish consistent rules for determining which state has jurisdiction over a custody case. It helps ensure that only one state’s court has authority to issue or modify custody orders at a time.

How far back does a UCCJEA affidavit need to cover?

In Arizona, the affidavit must provide the child’s address history for the previous five years, along with information about the people who lived with the child during that period.

Do I need to disclose previous child custody cases in a UCCJEA affidavit?

Yes. The affidavit must disclose whether you have participated in any prior custody or parenting time proceedings involving the child. You must provide information such as the court name, case number, and any orders that were entered.

What happens if there is a custody case pending in another state?

The Arizona court must be informed if another custody proceeding exists in a different state. The court will review the circumstances and determine which state has jurisdiction under the UCCJEA.

Can an Arizona judge dismiss my case for failing to file a UCCJEA affidavit?

Yes. Failure to provide the required UCCJEA information may result in the court dismissing a petition to establish or modify child custody orders. Providing complete and accurate information is essential for the case to proceed.

What should I do if I learn about a new custody case after filing my UCCJEA affidavit?

If a new custody proceeding begins in Arizona or another state after you file your affidavit, you must promptly notify the court. This allows the judge to evaluate whether the new case affects jurisdiction or existing custody orders.

Does a UCCJEA affidavit require disclosure of people with visitation rights?

Yes. The affidavit must identify individuals who have physical custody of the child or who claim custody or visitation rights. This information helps the court understand all parties who may have legal interests in the custody matter.

How does a UCCJEA affidavit help determine child custody jurisdiction?

The affidavit provides the court with critical facts about where the child has lived, prior custody proceedings, and other individuals involved in the child’s care. This information helps the court determine whether Arizona qualifies as the proper state to hear the custody case.

What is Arizona’s child custody jurisdiction law?

Arizona follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which establishes rules for determining when Arizona courts can make or modify child custody orders. Jurisdiction often depends on factors such as the child’s home state and prior court proceedings.

When should I file a UCCJEA affidavit in Arizona?

A UCCJEA affidavit should generally be filed when initiating or responding to a child custody action in Arizona. Filing it early helps avoid delays and ensures the court has the information needed to evaluate jurisdiction.

Experienced Arizona Child Custody Attorneys

If you have questions about child custody in Arizona, 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 divorce 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.

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