questions & answers

Question: I moved to Az over 2 years ago and have a 6 year old daughter. Her father and I have joint custody of her in the State Of New Mexico. Does that agreement still hold up in the state of Arizona, as we were never married? Would i have to obide by the joint custody plan that we signed in New Mexico in 2009 or would i be able to get custody of my child in Arizona?

Answer: A child custody order from another state will still be upheld in Arizona. Arizona laws allow for orders such as custody and visitation orders to be upheld as if they came from an Arizona court (A.R.S. 25-402). An Arizona court will not have jurisdiction over a custody matter unless the child was an Arizona resident at the time of the initial proceedings of the child custody case, the child and the parent/guardian have a connection to the state other than mere physical presence, and if courts in this state find that it is the best medium to reside over the case (A.R.S. 25-1031). Unless these requirements are met, then a court will not modify a custody order. (A.R.S. 25-1033). The only other way for a court in Arizona to gain jurisdiction is in the case of an emergency as described by Arizona laws. These emergencies can include but are not limited to cases of abandonment and abuse. (A.R.S. 25-1034). To find out how the law applies to a specific situation, contact an attorney directly.