What is the Uniform Child Custody Jurisdiction and Enforcement Act?

In most cases, interstate child custody matters in the United States fall under the law of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). It is not a federal law; rather, it is a uniform state law that works in similar ways to federal laws as it has been adopted across several jurisdictions. Currently, 49 states, including Arizona, operate under the Act. In Arizona we now use the term “Legal Decision-Making” instead of “Custody” but the two terms are commonly used interchangeably by parents.

The Act ensures that whichever state family law court first ordered child custody arrangements shall have exclusive and continuing jurisdiction over those child custody matters for all minor children involved. Whatever state the family law court operates in is, from then on, considered the child’s home state. The legal status of the child’s home state will be maintained as long as two conditions are met: at least one of the child’s parents still lives in that state and/or it was the child’s home state within six months of the most recent legal action filed with the family law court.

If no state qualifies as a legal home state for the minor child under the criteria of the Act, another state may be established as the home state and will then have jurisdiction over child custody matters. In order for this to occur, the child and at least one of their parents must have established a significant connection to their new home state.

Is it Possible to Modify Existing Child Support Orders Under the UCCJEA?

There are legal options in which a parent may request modifications to existing child custody orders in Arizona under the UCCJEA. The original child custody orders will be upheld, and jurisdiction will be held by the original family law court that oversaw the child custody case unless one of two circumstances occurs.

Either the child and both parents have relocated out of state (they do not need to relocate to the same state), or the court decides that its jurisdiction over a child custody case is no longer appropriate as it believes that another state has more contact and relevance with the minor child and their parents.

Can the Custodial or Noncustodial Parent Move Out of State?

It is not uncommon for one or both parents to want to relocate to another city or state in pursuit of better housing, better employment opportunities, or better education. However, for parents who were awarded child custody in divorce proceedings, relocating far away may be subject to certain legal restrictions. If the custodial parent does not follow Arizona law, their custody rights may be in jeopardy.

Arizona law considers relocation to be either moving to another state or moving more than 100 miles away within the state of Arizona. The right to relocate with a child in tow is dependent upon the child custody arrangement and working things out with family law courts.

How Much Notice Must the Custodial Parent Provide Before a Long-Distance Move?

Any parent planning to move out of state or relocate more than 100 miles away must provide notice to the other parent within 60 days of the intended date of relocation. The notice of relocation must include information about the intended destination, which may include the address and contact information. If there is an existing child custody order in place, an official request must be made to modify those child custody orders prior to relocating.

In certain circumstances, it may be possible for a custodial parent to temporarily relocate without providing the other parent a chance to object to the relocation. For example, parents with sole custody may temporarily relocate due to eviction, employment reasons, or health and safety reasons without permission from the other parent or the courts. However, before proceeding, these parents should seek legal guidance from experienced family law attorneys.

Is a Parent with Sole Custody Allowed to Move Out of State Without Asking the Court for Approval?

No. In order to leave the state or relocate more than 100 miles away, the parents with sole custody must notify the other parent and family law courts of their intent for family relocation.

The noncustodial parent has the legal right to file an objection if they do not agree to the plans to relocate.

How Can the Noncustodial Parent Respond When the Custodial Parent Wishes to Move Farther Away?

Once the custodial parent provides notice of their plans to relocate, the non-custodial parent has up to 30 days to petition a family law judge to prevent the family relocation of their child.

Filing this petition will begin a new child custody case.

What Factors Will a Family Law Judge Consider in a Child Relocation Case?

When a family law court hears your child custody case, they will take many factors into consideration when determining whether the planned family relocation is in the best interest of the family and the child.

Factors that a family law court may consider include:

  • A child’s personal feelings about the move.
  • How relocating may impact the other parent’s visitation rights.
  • The impact the move will have on the child’s well-being.
  • The parent’s reasons for family relocation.
  • The potential effect of the intended move on the child’s education, developmental needs, and social activities.
  • The potential effect of the relocation on the child’s relationship with extended family members and relatives.
  • The relationship between the child and each of their parents.
  • Who has legal custody of the child?
  • Who has physical custody of the child?

Schedule a Consultation with Experienced Child Custody (Legal Decision-Making) Attorneys Today

Child custody legal (Legal Decision-Making) matters are among the most emotionally trying and hotly contested legal issues argued in any court of law. Those contending with a complex child custody issue are recommended to seek professional legal representation from experienced child custody lawyers.

Our law firm has years of experience representing clients in complex child custody cases, including those where one or both parents relocate out of state or a great distance away. We would be proud to lend our legal services to you during this difficult time in hopes of bringing your child custody case to a satisfactory conclusion.

To discuss your case in more detail, please contact us to schedule an in-depth case evaluation today. You may get in touch with us at 480-448-0608.