The UCCJEA (Uniform Child Custody and Jurisdiction Enforcement Act) is a set of laws enacted by all 50 states that can determine where a child custody case will be heard. Not all custody cases involve UCCJEA issues, but whenever children are on the move, the UCCJEA can be a central issue.

Arizona has codified the UCCJEA in Arizona Revised Statutes §§25-1031 et seq. Where a child lived the last six (6) months of his/her life is frequently the most important factor.

A.R.S. §25-1031 states that a court in Arizona has jurisdiction to make an initial child custody determination if any of the following are true:

1. This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state.

2. A court of another state does not have jurisdiction under paragraph 1 or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under section 25-1037 or 25-1038 and both of the following are true:

(a) The child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence.

(b) Substantial evidence is available in this state concerning the child's care, protection, training and personal relationships.

A.R.S. §25-1033 states that another court can modify an order from another state if the child has resided in the new state for six (6) months and either of the following is true:

1. The court of the other state determines that it no longer has exclusive, continuing jurisdiction under section 25-1032 or that a court of this state would be a more convenient forum under section 25-1037.

2. A court of this state or a court of the other state determines that the child, the child's parents and any person acting as a parent do not presently reside in the other state.

There are many other issues that can arise when dealing with securing a proper forum for an initial child custody determination or a modification of custody under the UCCJEA. Establishing the proper location to address your initial child custody determination or modification can have a major impact upon the end result of your case.  

Contact a Phoenix Child Custody Lawyer at Gillespie, Shields & Durrant and we will assist you with navigating the UCCJEA and ensuring you have provided yourself with the best opportunity to obtain the result you are looking for.