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.
Get In Touch With Us
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.
Get In Touch With Us
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.
At Bishop, Del Vecchio & Beeks Law Office, P.C., our team of interstate jurisdiction issue attorneys in Phoenix and Tempe works with parents to achieve amicable parenting and support agreements through negotiation or mediation. If parents are unable to reach a mutually acceptable understanding, we stand ready to fight for our clients’ rights and interests in court. With offices in Phoenix and in Tempe, we offer convenient and accessible family law services in Arizona. Contact Bishop, Del Vecchio & Beeks Law Office, P.C. to schedule a consultation with any of our experienced interstate jurisdiction and child custody attorneys in Phoenix, Arizona.
Allyson Del Vecchio, Tawnia R. Wienke & Jackie Dabney
Allyson Del Vecchio is licensed in Arizona and Connecticut with broad experience in complex family law, high-net-worth cases, and juvenile matters. A former managing attorney and active legal community member, Allyson brings deep expertise and leadership to every case.
Tawnia R. Wienke has over 14 years of experience in family law, with a strong background in civil litigation, tax, and bankruptcy. An Arizona native and award-winning advocate, she is dedicated to helping families and provides extensive pro bono service. Tawnia maintains her own practice while contracting with Bishop, Del Vecchio & Beeks.
Jackie Dabney brings 30+ years in family law and was among the first in Arizona to be licensed as a Legal Paraprofessional (LP). She provides legal advice and representation at a lower hourly rate, with full access to the firm’s attorneys when needed.
Daniel Beeks
Dan Beeks has been an attorney in Arizona for over 30 years. He spent many years practicing with prestigious mid-sized and large law firms in Phoenix, specializing in commercial litigation. Dan began practicing family law when he and his former partners were frequently retained by other family law attorneys to represent family-owned businesses in connection with high net-worth divorces.
Client reviews
What Our Clients Are Saying About Us
Jonathan Day
3 months ago I have used Bill Bishop, and his team, in particular Jackie Dabney, since 2008. Bishop Law and his associates are the best! They performed fantastically in preparation for my Court cases, destroyed the opposing counsel each time, and managed all the follow-up details. Their lead administrator, Carolyn Keech is awesome as well. The whole team works together seamlessly – they are worth every penny and more. Make the smart move and hire them right away, best decision you will make in Family law.
Eric D. Morris
3 months ago I have used Bill Bishop as my attorney for the past couple of years, including a difficult and complex divorce. Bill has always been thorough, timely, insightful, wonderful to work with, and very effective. I have always been especially impressed with how Bill listens and gives credence to my views, while interjecting his own expertise when appropriate. I would highly recommend Bill’s services to anyone.
J. Clark
3 months ago To Whom It May Concern:
I recently retained Bill’s services as my divorce attorney. I am pleased to recommend Bill and his staff. He is professional, caring, trustworthy, and has extensive knowledge of the law. Bill is always prepared, always informative, and has the ability to make you feel as if you are his only client. In my opinion, these things, along with his impeccable attention to detail are what make him one of the best attorneys in the Phoenix area. It was a privilege to work with Bill and his staff, and I highly recommend their services.
View More Reviews on Google Maps and Yelp