25-1002. Definitions
In this chapter, unless the context otherwise requires:
1. "Abandoned" means left without provision for reasonable and necessary care or supervision.
2. "Child" has the same meaning prescribed in section 1-215.
3. "Child custody determination":
(a) Means any judgment, decree or other order of a court, including a permanent, temporary, initial and modification order, for legal custody, physical custody or visitation with respect to a child.
(b) Does not include an order relating to child support or any other monetary obligation of an individual.
4. "Child custody proceeding":
(a) Means a proceeding, including a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and protection from domestic violence, in which legal custody, physical custody or visitation with respect to a child is an issue or in which that issue may appear.
(b) Does not include a proceeding involving juvenile delinquency, contractual emancipation or enforcement under article 3 of this chapter.
5. "Commencement" means the filing of the first pleading in a proceeding.
6. "Court" means an entity authorized under the law of a state to establish, enforce or modify a child custody determination.
7. "Home state" means:
(a) The state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding, including any period during which that person is temporarily absent from that state.
(b) If a child is less than six months of age, the state in which the child lived from birth with a parent or person acting as a parent, including any period during which that person is temporarily absent from that state.
8. "Initial determination" means the first child custody determination concerning a particular child.
9. "Issuing court" means the court that makes a child custody determination for which enforcement is sought under this chapter.
10. "Issuing state" means the state in which a child custody determination is made.
11. "Modification" means a child custody determination that changes, replaces, supersedes or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.
12. "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, or public corporation or any other legal or commercial entity.
13. "Person acting as a parent" means a person, other than a parent, who meets both of the following requirements:
(a) Has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding.
(b) Has been awarded legal custody by a court or claims a right to legal custody under the law of this state.
14. "Physical custody" means the physical care and supervision of a child.
15. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
16. "Tribe" means an Indian tribe or band or Alaskan native village that is recognized by federal law or formally acknowledged by a state.
17. "Visitation" includes parenting time as defined in section 25-401.
18. "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child.
Notes of Decisions
Gutierrez v. Hon. fox/kivlighn, 394 P.3d 1096 (Ariz. Ct. App. 2017).
· cites it 13× “¶ 20 The court in Welch-Doden reconciled a conflict between § 25-1031(A)(l) and the definition of “home state” under § 25-1002(7)(a) (limits home state jurisdiction only to states where a child lived for at least six consecutive months immediately before the proceeding was…”
Welch-Doden v. Roberts, 42 P.3d 1166 (Ariz. Ct. App. 2002).
· cites it 19× “A.R.S. § 25-1002 (“In this chapter, unless the context otherwise requires .”
Frank R. v. Mother Goose Adoptions, 367 P.3d 88 (Ariz. Ct. App. 2016).
· cites it 12× “left the state immediately following the ICPC placement approval, the same day the petition was filed.”
Angel B. v. Vanessa J., 316 P.3d 1257 (Ariz. Ct. App. 2014).
· cites it 10× “In its entirety, A.R.S. § 25-1002(4) reads as follows: "Child custody proceeding”: (a) Means a proceeding, including a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and protection from domestic violence,…”
Willie G. v. Arizona Dep't of Econ. Sec., 119 P.3d 1034 (Ariz. Ct. App. 2005).
· cites it 4× “A.R.S. § 25-1002(4)(a). An Arizona court “has jurisdiction to make an initial child custody determination” if Arizona “is the home state of the child on the date of the commencement of the proceeding.”
Ramirez v. Barnet, 384 P.3d 828 (Ariz. Ct. App. 2016).
· cites it 6× “6 ¶ 14 Although Ramirez’s paternity action was governed by the UCCJEA, A.R.S. § 25-1002(4) (defining “child custody proceeding” as including a paternity proceeding), the UCCJEA does not govern adoption proceedings.”
Melgar v. Campo, 161 P.3d 1269 (Ariz. Ct. App. 2007).
· cites it 2× “] § 25-1031 [(A)(1) or (2)]” and either (1) the out-of-state court decided that it does not have exclusive, continuing jurisdiction or that this court is a more convenient forum, or (2) that the child and parents are no longer residing in the state that issued the decree.”
Waltenburg v. Waltenburg, 270 S.W.3d 308 (Tex. App. 2008).
“denied) (under Uniform Enforcement of Foreign Judgments Act, considering application of principles of comity and full faith and credit to out-of-state judgments and describing procedure of making a prima facie case for enforcement by presenting a “final, valid, and subsisting…”
H.U.F. v. W.P.W., 203 P.3d 943 (Utah 2009).
“Ariz.Rev.Stat. § 25-1002(3)(a) (Supp.2008).”
Arizona Dep't of Econ. Sec. v. Grant, 307 P.3d 1003 (Ariz. Ct. App. 2013).
· cites it 2× “remains the home state of the child until the deployment ends ”) (emphasis added), that relationship ended once Father brought his family to Arizona. ¶8 Arizona was not technically the children’s home state because they had not lived here for six consecutive months before ADES…”
Duwyenie v. Moran, 207 P.3d 754 (Ariz. Ct. App. 2009).
“” § 25-1002(7)(a). ¶ 9 Although CJ had not lived in Arizona for six months prior to the current proceedings, Arizona was indisputably his home state at the time Moran commenced custody proceedings with the RSTC.”
Antonetti v. Hon. Westerhausen Klinger, 523 P.3d 969 (Ariz. Ct. App. 2023).
· cites it 4× “2019) (“[J]urisdiction cannot be established in a state where the time spent in that state is found to be a period of temporary absence from another state.”
— Ariz. Rev. Stat. § 25-1002(13)(a) — 1 case
— Ariz. Rev. Stat. § 25-1002(13)(b) — 1 case
— Ariz. Rev. Stat. § 25-1002(2) — 1 case
Waltenburg v. Waltenburg, 270 S.W.3d 308 (Tex. App. 2008).
“denied) (under Uniform Enforcement of Foreign Judgments Act, considering application of principles of comity and full faith and credit to out-of-state judgments and describing procedure of making a prima facie case for enforcement by presenting a “final, valid, and subsisting…”
— Ariz. Rev. Stat. § 25-1002(3) — 3 cases
— Ariz. Rev. Stat. § 25-1002(3)(a) — 4 cases
H.U.F. v. W.P.W., 203 P.3d 943 (Utah 2009).
“Ariz.Rev.Stat. § 25-1002(3)(a) (Supp.2008).”
— Ariz. Rev. Stat. § 25-1002(3)(b) — 1 case
— Ariz. Rev. Stat. § 25-1002(4) — 3 cases
Angel B. v. Vanessa J., 316 P.3d 1257 (Ariz. Ct. App. 2014).
“In its entirety, A.R.S. § 25-1002(4) reads as follows: "Child custody proceeding”: (a) Means a proceeding, including a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and protection from domestic violence,…”
Ramirez v. Barnet, 384 P.3d 828 (Ariz. Ct. App. 2016).
“6 ¶ 14 Although Ramirez’s paternity action was governed by the UCCJEA, A.R.S. § 25-1002(4) (defining “child custody proceeding” as including a paternity proceeding), the UCCJEA does not govern adoption proceedings.”
— Ariz. Rev. Stat. § 25-1002(4)(A) — 1 case
— Ariz. Rev. Stat. § 25-1002(4)(a) — 8 cases
Frank R. v. Mother Goose Adoptions, 367 P.3d 88 (Ariz. Ct. App. 2016).
“left the state immediately following the ICPC placement approval, the same day the petition was filed.”
Willie G. v. Arizona Dep't of Econ. Sec., 119 P.3d 1034 (Ariz. Ct. App. 2005).
“A.R.S. § 25-1002(4)(a). An Arizona court “has jurisdiction to make an initial child custody determination” if Arizona “is the home state of the child on the date of the commencement of the proceeding.”
Angel B. v. Vanessa J., 316 P.3d 1257 (Ariz. Ct. App. 2014).
“In its entirety, A.R.S. § 25-1002(4) reads as follows: "Child custody proceeding”: (a) Means a proceeding, including a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and protection from domestic violence,…”
— Ariz. Rev. Stat. § 25-1002(4)(b) — 1 case
— Ariz. Rev. Stat. § 25-1002(5) — 3 cases
Ramirez v. Barnet, 384 P.3d 828 (Ariz. Ct. App. 2016).
“6 ¶ 14 Although Ramirez’s paternity action was governed by the UCCJEA, A.R.S. § 25-1002(4) (defining “child custody proceeding” as including a paternity proceeding), the UCCJEA does not govern adoption proceedings.”
— Ariz. Rev. Stat. § 25-1002(7) — 10 cases
Frank R. v. Mother Goose Adoptions, 367 P.3d 88 (Ariz. Ct. App. 2016).
“left the state immediately following the ICPC placement approval, the same day the petition was filed.”
Angel B. v. Vanessa J., 316 P.3d 1257 (Ariz. Ct. App. 2014).
“In its entirety, A.R.S. § 25-1002(4) reads as follows: "Child custody proceeding”: (a) Means a proceeding, including a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and protection from domestic violence,…”
Arizona Dep't of Econ. Sec. v. Grant, 307 P.3d 1003 (Ariz. Ct. App. 2013).
“remains the home state of the child until the deployment ends ”) (emphasis added), that relationship ended once Father brought his family to Arizona. ¶8 Arizona was not technically the children’s home state because they had not lived here for six consecutive months before ADES…”
— Ariz. Rev. Stat. § 25-1002(7)(a) — 22 cases
Welch-Doden v. Roberts, 42 P.3d 1166 (Ariz. Ct. App. 2002).
“A.R.S. § 25-1002 (“In this chapter, unless the context otherwise requires .”
Gutierrez v. Hon. fox/kivlighn, 394 P.3d 1096 (Ariz. Ct. App. 2017).
“¶ 20 The court in Welch-Doden reconciled a conflict between § 25-1031(A)(l) and the definition of “home state” under § 25-1002(7)(a) (limits home state jurisdiction only to states where a child lived for at least six consecutive months immediately before the proceeding was…”
Willie G. v. Arizona Dep't of Econ. Sec., 119 P.3d 1034 (Ariz. Ct. App. 2005).
“A.R.S. § 25-1002(4)(a). An Arizona court “has jurisdiction to make an initial child custody determination” if Arizona “is the home state of the child on the date of the commencement of the proceeding.”
Angel B. v. Vanessa J., 316 P.3d 1257 (Ariz. Ct. App. 2014).
“In its entirety, A.R.S. § 25-1002(4) reads as follows: "Child custody proceeding”: (a) Means a proceeding, including a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and protection from domestic violence,…”
Duwyenie v. Moran, 207 P.3d 754 (Ariz. Ct. App. 2009).
“” § 25-1002(7)(a). ¶ 9 Although CJ had not lived in Arizona for six months prior to the current proceedings, Arizona was indisputably his home state at the time Moran commenced custody proceedings with the RSTC.”
— Ariz. Rev. Stat. § 25-1002(7)(b) — 5 cases
Gutierrez v. Hon. fox/kivlighn, 394 P.3d 1096 (Ariz. Ct. App. 2017).
“¶ 20 The court in Welch-Doden reconciled a conflict between § 25-1031(A)(l) and the definition of “home state” under § 25-1002(7)(a) (limits home state jurisdiction only to states where a child lived for at least six consecutive months immediately before the proceeding was…”
Ramirez v. Barnet, 384 P.3d 828 (Ariz. Ct. App. 2016).
“6 ¶ 14 Although Ramirez’s paternity action was governed by the UCCJEA, A.R.S. § 25-1002(4) (defining “child custody proceeding” as including a paternity proceeding), the UCCJEA does not govern adoption proceedings.”
— Ariz. Rev. Stat. § 25-1002(8) — 6 cases
Frank R. v. Mother Goose Adoptions, 367 P.3d 88 (Ariz. Ct. App. 2016).
“left the state immediately following the ICPC placement approval, the same day the petition was filed.”
Melgar v. Campo, 161 P.3d 1269 (Ariz. Ct. App. 2007).
“] § 25-1031 [(A)(1) or (2)]” and either (1) the out-of-state court decided that it does not have exclusive, continuing jurisdiction or that this court is a more convenient forum, or (2) that the child and parents are no longer residing in the state that issued the decree.”
Angel B. v. Vanessa J., 316 P.3d 1257 (Ariz. Ct. App. 2014).
“In its entirety, A.R.S. § 25-1002(4) reads as follows: "Child custody proceeding”: (a) Means a proceeding, including a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and protection from domestic violence,…”
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