Arizona Interstate Custody Jurisdiction Issues

Child support, child custody (legal decision making), and parenting time are matters that are often wrought with tension. Moreover, anytime there is a shared custody situation where one of the parents lives out-of-state, the potential for conflict dramatically increases.

Interstate Legal Decision-Making, Parenting Time, Child Support & Spousal Maintenance

In cases where the parents reside in different states a party to a child custody, parenting time, child support and/or spousal maintenance case cannot necessarily file their first proceeding or a modification proceeding in any state they desire. There are certain “jurisdiction issues” that may apply. Thus, a party has to make sure that the state they desire to file has jurisdiction over the other person and over the matter at issue. There are two separate types of jurisdiction – i.e. personal jurisdiction (over the person) and subject matter jurisdiction (over the issue).

We welcome inquiries from attorneys in other states seeking representation for their clients in the Arizona courts, including clients involved in interstate disputes regarding divorce, child custody or child support.

There are two main pieces of legislation that govern out-of-state custody and support matters: the Uniform Interstate Family Support Act (UIFSA) and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Each state has an identical or substantial identical set of statutes that conform to these federal acts. The overall purpose is to make sure orders are handled uniformly between states, and that different orders regarding the same people or matters are not entered in different states. To better understand the difference between the two statutes, see below:

• The UIFSA allows all states to enforce child support orders. Because many fathers and mothers live in different states, the UIFSA was enacted to ensure standardized protocol is used to enforce orders and to collect child support payments. It also limits the jurisdiction of courts for establishing and modifying child support orders so that inconsistent orders are not entered by different states. 
• The UCCJEA institutes uniform procedures to register and to enforce child custody orders across state lines. It generally limits jurisdiction for child custody determination to a single state while extending enforcement provisions to all states. The original court that issues the parenting orders maintains exclusive jurisdiction over parenting and custody matters until the parents, and children no longer live in the state where the original order was entered. If an emergency arises where a child is in danger, a non-jurisdiction state may enter a temporary emergency order for immediate protection. For parents considering relocation from Arizona for a new job, a  relationship with their significant other, or another opportunity, it is important to work with an experienced Phoenix child relocation attorney.