reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-553 - Request for arrearages; deadline

25-553.
Request for arrearages;  deadline
A. The person to whom the spousal maintenance obligation is owed may file a request for judgment for spousal maintenance arrearages not later than three years after the date the spousal maintenance order terminates. In that proceeding there is no bar to establishing a money judgment for all of the unpaid spousal maintenance arrearages.
B. Notwithstanding any other law,  formal written judgments for spousal maintenance and for associated costs and attorney fees are exempt from renewal and are enforceable until paid in full.
C. If termination of the spousal maintenance order is disputed,  this section shall be liberally construed to effect its intention of diminishing the limitation on the collection of spousal maintenance arrearages.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-681 - Child support arrest warrant; definition

25-681.
Child support arrest warrant;  definition
A. In any action or proceeding pursuant to section 25-502,  on motion of a party or on its own motion the court may issue a child support arrest warrant if the court finds that all of the following apply to the person for whom the warrant is sought:
1. The person was ordered by the court to appear personally at a specific time and location.
2. The person received actual notice of the order,  including a warning that the failure to appear might result in the issuance of a child support arrest warrant.
3. The person failed to appear as ordered.
B. The judicial officer shall order the child support arrest warrant and the clerk shall issue the warrant. The warrant shall contain the name of the person to be arrested and other information required to enter the warrant in the Arizona criminal justice information system. The warrant shall command that the named person be arrested and either remanded to the custody of the sheriff or brought before the judicial officer or,  if the judicial officer is absent or unable to act,  the nearest or most accessible judicial officer of the superior court in the same county. A warrant that is issued pursuant to this section remains in effect until it is executed or extinguished by the court.
C. The court shall determine and the warrant shall state the amount the arrested person shall pay in order to be released from custody.
D. For the purposes of this article,  " child support arrest warrant"  means an order that is issued by a judicial officer in a noncriminal child support matter and that directs a peace officer in this state to arrest the person named in the warrant and bring the person before the court.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-682 - Time and manner of execution; information

25-682.
Time and manner of execution;  information
A. A child support arrest warrant is executed by the arrest of the person named in the warrant. The warrant may be executed at any time.
B. When making an arrest pursuant to a child support arrest warrant,  the arresting officer shall inform the person named in the warrant that the arresting officer has a child support arrest warrant unless:
1. The named person flees or forcibly resists before the arresting officer has an opportunity to inform the named person.
2. Providing this information will imperil the arrest.
C. In order to execute a child support arrest warrant,  the arresting officer may use reasonable force to enter any building in which the person named in the warrant is or is reasonably believed to be.
D. The arresting officer does not have to possess the warrant at the time of the arrest. If after the arrest the arrested person requests to see the warrant,  the arresting officer shall show the arrested person a copy of the warrant as soon as practicable.
E. The arrested person shall be brought before the issuing judicial officer as soon as possible or,  if that judicial officer is absent or unable to act,  the nearest or most accessible judicial officer of the superior court in the same county. In any event,  the arrested person shall be brought before a judicial officer of the superior court in the issuing county or the county of arrest within twenty-four judicial business hours of the execution of the warrant. If the person is arrested in a county other than the county in which the warrant was issued,  the arresting officer shall notify the sheriff and the local title IV-D agency,  if applicable,  in the county in which the warrant was issued that the person has been arrested. As soon as practicable,  the sheriff of the county in which the warrant was issued shall take custody of and transport the arrested person to the issuing judicial officer or a judicial officer of the superior court in the county in which the warrant was issued. If the arrested person is not taken into custody and transported within seventy-two hours after arrest,  the arrested person shall be released and issued a written notice directing the arrested person to appear at a specified date and time in the superior court in the county in which the warrant was issued. The notice shall have the same force and effect as an order of the superior court. The notice shall state that if the arrested person fails to appear as directed a child support arrest warrant may be issued. A copy of this notice shall be sent to the court and the local title IV-D agency,  if applicable,  in the county in which the warrant was issued.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-683 - Procedure after arrest; payment for release from custody

25-683.
Procedure after arrest;  payment for release from custody
A. When a person who is arrested pursuant to a child support arrest warrant is brought before the court,  the judicial officer shall advise the arrested person of the nature of the proceedings and shall set a date for the next court appearance. The arrested person may be released from custody pending the hearing if the arrested person pays the amount set by the court pursuant to section 25-681 or a larger amount as the court determines. The court shall not reduce the amount ordered to be paid. The arrested person shall not be released from custody without paying the amount unless the court finds in writing or on the record that a compelling reason exists to release the arrested person. Monies received pursuant to this subsection shall be deposited and credited pursuant to section 25-502,  subsection I.
B. If the arrested person pays the full amount set forth in the warrant before the arrested person is brought before a judicial officer,  the arrested person may be released after receiving a notice to appear in the superior court in the county in which the warrant was issued pursuant to the procedure prescribed in section 25-682,  subsection E. If the arrested person fails to appear as directed,  a child support arrest warrant may be issued.
C. The arresting agency shall forward all amounts that are paid by the arrested person for release pursuant to this subsection to the clerk of the superior court in the county in which the warrant was issued or the support payment clearinghouse for deposit and credit pursuant to section 25-502,  subsection I.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-684 - Preexisting warrants

25-684.
Preexisting warrants
A civil arrest warrant that is issued before the effective date of this section for the failure to appear in a child support enforcement proceeding under this chapter or chapter 3 of this title automatically becomes a child support arrest warrant after the effective date of this section. This article applies to all procedures under the warrant,  unless the agency that is responsible for child support enforcement in a county elects not to convert warrants issued in that county.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-802 - Venue

25-802.
Venue
Proceedings to establish maternity or paternity may be originated in the county of residence of the respondent or the petitioner or the child or children the subject of the action. The fact that the petitioner parent or child or both are not,  or never have been,  residents of Arizona does not bar the proceeding.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-803 - Persons who may originate proceedings; legal decision-making; parenting time; conciliation court

25-803.
Persons who may originate proceedings;  legal decision-making;  parenting time;  conciliation court
A. Proceedings to establish the maternity or paternity of a child or children and to compel support under this article may be commenced by any of the following:
1. The mother.
2. The father.
3. The guardian,  conservator or best friend of a child or children born out of wedlock.
4. A public welfare official or agency of the county where the child or children reside or may be found.
5. The state pursuant to section 25-509.
B. An adult may bring an action to establish the adult's biological parent.
C. Any party to a proceeding under this article other than the state may request that legal decision-making and specific parenting time be determined as a part of the proceeding. When paternity is established the court may award legal decision-making and parenting time as provided in section 25-408. The attorney general or county attorney shall not seek or defend any ancillary matters such as legal decision-making or parenting time.
D. In any case in which paternity is established the parent with whom the child has resided for the greater part of the last six months shall have legal decision-making unless otherwise ordered by the court.
E. The services of the conciliation court may be used in regard to disputed matters of legal decision-making and parenting time.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-804 - Time for instituting proceedings

25-804.
Time for instituting proceedings
Proceedings to establish the paternity of the child may be instituted during the pregnancy of the mother or after the birth of the child. The court shall dismiss any proceeding that is barred pursuant to section 8-106,  subsection J. For the purposes of establishing a duty to pay support or past support,  the proceedings must be instituted before the child's eighteenth birthday.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-805 - Effect of death, absence or insanity of plaintiff

25-805.
Effect of death,  absence or insanity of plaintiff
If after the petition is filed the petitioner dies,  becomes insane,  departs the state or fails to litigate the issue,  the proceedings do not abate but may be continued,  with the state as petitioner,  as to any child in the legal custody of any state agency,  or as to any child who is the beneficiary of any state or federal financial assistance.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-806 - Petition

25-806.
Petition
A. Paternity proceedings are commenced by the filing of a verified petition that alleges that a woman is delivered of a child or children born out of lawful wedlock or pregnant with a child conceived out of wedlock and that the respondent is the father of the child or children.
B. Maternity proceedings are commenced by the filing of a verified petition that alleges that a woman is delivered of a child or children born out of lawful wedlock and that the woman as respondent is the mother of the child or children.
C. The procedure on the filing of the petition shall be as in other civil cases,  except that a party who has been served pursuant to section 8-106,  subsection G must serve the mother with a copy of the verified petition and summons within thirty days after completion of service of notice as prescribed by that subsection.
D. If the respondent does not file a response or if the respondent files a written response admitting paternity or maternity,  the court may immediately enter a judgment of paternity or maternity. If other relevant issues are raised in the petition or response or in a separate petition filed after entry of a paternity or maternity judgment,  the court shall proceed to resolve all relevant issues in the case pursuant to the rules of procedure applicable to family law cases.
E. A trial held pursuant to this section shall be made to the court.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-810 - Liability of parents if putative mother or father is a minor; periodic payments

25-810.
Liability of parents if putative mother or father is a minor;  periodic payments
A. Except as provided pursuant to section 25-501,  subsection F,  the parent or parents having custody or control of the putative mother or father may be joined as respondents in the action if the putative mother or father is a minor or was a minor at the time the action was commenced. The parents may be held jointly and severally liable with the minor until the minor reaches the age of majority.
B. The court may order that a judgment made against a parent pursuant to this section be satisfied through periodic payments as other child support orders.
C. In addition to the enforcement of support remedies provided pursuant to section 25-508,  an order made pursuant to this section that provides for periodic payments shall be enforced pursuant to this chapter.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-813 - Default order of paternity

25-813.
Default order of paternity
In an action to establish paternity,  the court shall enter an order of paternity if either:
1. The service of summons is complete and the respondent fails to appear or otherwise answer.
2. An order for genetic or blood testing has been entered and the respondent fails to appear without cause for an appointment to take a blood or genetic test or fails to take a blood or genetic test.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-814 - Presumption of paternity

25-814.
Presumption of paternity
A. A man is presumed to be the father of the child if:
1. He and the mother of the child were married at any time in the ten months immediately preceding the birth or the child is born within ten months after the marriage is terminated by death,  annulment,  declaration of invalidity or dissolution of marriage or after the court enters a decree of legal separation.
2. Genetic testing affirms at least a ninety-five per cent probability of paternity.
3. A birth certificate is signed by the mother and father of a child born out of wedlock.
4. A notarized or witnessed statement is signed by both parents acknowledging paternity or separate substantially similar notarized or witnessed statements are signed by both parents acknowledging paternity.
B. If another man is presumed to be the child's father under subsection A,  paragraph 1,  an acknowledgment of paternity may be effected only with the written consent of the presumed father or after the presumption is rebutted. If the presumed father has died or cannot reasonably be located,  paternity may be established without written consent.
C. Any presumption under this section shall be rebutted by clear and convincing evidence. If two or more presumptions apply,  the presumption that the court determines,  on the facts,  is based on weightier considerations of policy and logic will control. A court decree establishing paternity of the child by another man rebuts the presumption.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-815 - Paternity; full faith and credit

25-815.
Paternity;  full faith and credit
If paternity has been established in another state by a court or administrative order or voluntary acknowledgment,  the determination of paternity has the same force and effect in this state as if the determination of paternity was granted by a court in this state.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-816 - Title IV-D child support; paternity establishment; genetic testing

25-816.
Title IV-D child support;  paternity establishment;  genetic testing
A. On receipt of a sworn statement by the mother or the alleged father alleging paternity and setting forth the facts establishing a reasonable possibility of the requisite sexual contact between the parties,  the department of economic security or its agent may order the mother,  her child or children and the alleged father to submit to the drawing of blood or tissue samples for genetic testing of a type generally acknowledged as reliable by accreditation bodies. If the mother cannot be located the department or its agent may order the caretaker of the child or children to present the child or children for genetic testing. The order shall be served by first class mail or delivered at least ten business days before the genetic testing. The department or its agent shall pay the costs of the test subject to repayment from the mother or the alleged father if paternity is established. An order of genetic testing issued by the department or its agent has the same force and effect as a superior court order.
B. If the results of the genetic testing indicate that the likelihood of the alleged father's paternity is ninety-five per cent or greater,  the alleged father is presumed to be the parent of the child and the party opposing the establishment of the alleged father's paternity shall establish by clear and convincing evidence that he is not the father of the child.
C. A person who is tested pursuant to this section may contest the test results in writing to the department or its agent within thirty days after the department or its agent mails the results to that person. If the original test results are contested in a timely manner,  on request and advance payment by the requesting party,  the department or its agent shall order a second genetic test pursuant to subsection A.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-817 - Temporary orders; presumption of paternity

25-817.
Temporary orders;  presumption of paternity
A. Pending a judicial determination of paternity,  the court shall issue a temporary order of support,  and may issue a temporary order regarding custody and parenting time,  if any of the following applies:
1. Genetic testing affirms at least a ninety-five per cent probability of paternity.
2. A notarized or witnessed statement is signed by both parents acknowledging paternity or separate substantially similar notarized or witnessed statements are signed acknowledging paternity and filed with the department of health services pursuant to section 36-334 or filed with the department of economic security.
3. The respondent admits or does not deny paternity in a written response filed with the clerk of the court.
B. A temporary order issued pursuant to this section does not prejudice the rights of a person or child that are adjudicated at subsequent hearings in the proceeding.
C. A temporary order issued pursuant to this section may be revoked or modified and terminates when the final support,  custody or parenting time order is entered or when the petition for support,  custody or parenting time is dismissed.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-818 - Paternity case registry; acknowledgments and paternity and maternity orders; recording requirements

25-818.
Paternity case registry;  acknowledgments and paternity and maternity orders;  recording requirements
A. The department of economic security shall maintain a paternity case registry for this state. Public and private entities that obtain or receive a voluntary acknowledgment of paternity shall promptly transmit the original signed and completed acknowledgment to the department of economic security. This requirement does not apply to the superior court.
B. The department of economic security may dispose of an original voluntary acknowledgment of paternity not sooner than one year after the date of the last signature on the acknowledgment and only after it makes an electronic copy of the original acknowledgment.
C. The clerk of the superior court shall transmit a copy of each order of paternity or maternity to the department of economic security.
D. The department of economic security shall maintain automated records regarding the parents and any child whose name is stated in a voluntary acknowledgment of paternity or an order of paternity or maternity.
E. The clerk of the superior court,  the department of economic security and the department of health services shall cooperate to ensure that the state registrar of vital records receives a copy of a voluntary acknowledgment of paternity or order of paternity or maternity relating to any child born in this state.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-901 - Covenant marriage; declaration of intent; filing requirements

25-901.
Covenant marriage;  declaration of intent;  filing requirements
A. Persons who have the legal capacity to marry pursuant to this title may enter into a covenant marriage by declaring their intent to do so on their application for a license obtained pursuant to section 25-121 and by complying with the requirements of this chapter. The returned marriage license shall be recorded as provided by section 25-123 with an indication that the marriage is a covenant marriage,  and the declaration shall be filed by the clerk.
B. A declaration of intent to enter into a covenant marriage shall contain all of the following:
1. The following written statement:
A Covenant Marriage
We solemnly declare that marriage is a covenant between a man and a woman who agree to live together as husband and wife for as long as they both live. We have chosen each other carefully and have received premarital counseling on the nature,  purposes and responsibilities of marriage. We understand that a covenant marriage is for life. If we experience marital difficulties,  we commit ourselves to take all reasonable efforts to preserve our marriage,  including marital counseling.
With full knowledge of what this commitment means,  we do declare that our marriage will be bound by Arizona law on covenant marriages and we promise to love,  honor and care for one another as husband and wife for the rest of our lives.
2. An affidavit by the parties that they have received premarital counseling from a member of the clergy or from a marriage counselor. Premarital counseling shall include a discussion of the seriousness of covenant marriage,  communication of the fact that a covenant marriage is a commitment for life,  a discussion of the obligation to seek marital counseling in times of marital difficulties and a discussion of the exclusive grounds for legally terminating a covenant marriage by dissolution of marriage or legal separation.
3. The signatures of both parties witnessed by a court clerk.
C. A notarized attestation that is signed by the clergy or counselor must be submitted with the application for a license and shall confirm that the parties were counseled as to the nature and purpose of the marriage and the grounds for its termination and that the counselor provided to the parties the informational pamphlet developed by the supreme court pursuant to this chapter. The clerk shall document that the attestation was submitted.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-902 - Existing marriages; conversion to covenant marriage; recording requirements

25-902.
Existing marriages;  conversion to covenant marriage;  recording requirements
A husband and wife may enter into a covenant marriage by submitting to the clerk of the superior court or any other official designated by the clerk pursuant to section 25-126 or 25-127 the declaration prescribed in section 25-901,  subsection B,  paragraphs 1 and 3 and a sworn statement of their names and the date and place their marriage was contracted and by paying the fee prescribed in section 12-284,  subsection A. The clerk shall file all documentation required by this section and shall issue to the husband and wife a certificate that documents the conversion. A husband and wife who apply for a covenant marriage conversion under this section are not required to receive premarital counseling required by section 25-901 and are not required to have the converted covenant marriage separately solemnized. Conversion to a covenant marriage does not make valid a marriage that is prohibited pursuant to this title or that is not validly contracted in this state.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-903 - Dissolution of a covenant marriage; grounds

25-903.
Dissolution of a covenant marriage;  grounds
Notwithstanding any law to the contrary,  if a husband and wife have entered into a covenant marriage pursuant to this chapter the court shall not enter a decree of dissolution of marriage pursuant to chapter 3,  article 2 of this title unless it finds any of the following:
1. The respondent spouse has committed adultery.
2. The respondent spouse has committed a felony and has been sentenced to death or imprisonment in any federal,  state,  county or municipal correctional facility.
3. The respondent spouse has abandoned the matrimonial domicile for at least one year before the petitioner filed for dissolution of marriage and refuses to return. A party may file a petition based on this ground by alleging that the respondent spouse has left the matrimonial domicile and is expected to remain absent for the required period. If the respondent spouse has not abandoned the matrimonial domicile for the required period at the time of the filing of the petition,  the action shall not be dismissed for failure to state sufficient grounds and the action shall be stayed for the period of time remaining to meet the grounds based on abandonment,  except that the court may enter and enforce temporary orders pursuant to section 25-315 during the time that the action is pending.
4. The respondent spouse has physically or sexually abused the spouse seeking the dissolution of marriage,  a child,  a relative of either spouse permanently living in the matrimonial domicile or has committed domestic violence as defined in section 13-3601 or emotional abuse.
5. The spouses have been living separate and apart continuously without reconciliation for at least two years before the petitioner filed for dissolution of marriage. A party may file a petition based on this ground by alleging that it is expected that the parties will be living separate and apart for the required period. If the parties have not been separated for the required period at the time of the filing of the petition,  the action shall not be dismissed for failure to state sufficient grounds and the action shall be stayed for the period of time remaining to meet the grounds based on separation,  except that the court may enter and enforce temporary orders pursuant to section 25-315 during the time that the action is pending.
6. The spouses have been living separate and apart continuously without reconciliation for at least one year from the date the decree of legal separation was entered.
7. The respondent spouse has habitually abused drugs or alcohol.
8. The husband and wife both agree to a dissolution of marriage.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-904 - Decree of legal separation; grounds

25-904.
Decree of legal separation;  grounds
Notwithstanding any law to the contrary,  if a husband and wife have entered into a covenant marriage pursuant to this chapter the court shall not enter a decree of legal separation pursuant to chapter 3,  article 2 of this title unless it finds any of the following:
1. The respondent spouse has committed adultery.
2. The respondent spouse has committed a felony and has been sentenced to death or imprisonment in any federal,  state,  county or municipal correctional facility.
3. The respondent spouse has abandoned the matrimonial domicile for at least one year before the petitioner filed for legal separation and refuses to return. A party may file a petition based on this ground by alleging that the respondent spouse has left the matrimonial domicile and is expected to remain absent for the required period. If the respondent spouse has not abandoned the matrimonial domicile for the required period at the time of the filing of petition,  the action shall not be dismissed for failure to state sufficient grounds and the action shall be stayed for the period of time remaining to meet the grounds based on abandonment,  except that the court may enter and enforce temporary orders pursuant to section 25-315 during the time that the action is pending.
4. The respondent spouse has physically or sexually abused the petitioner,  a child,  a relative of either spouse permanently living in the matrimonial domicile or has committed domestic violence as defined in section 13-3601 or emotional abuse.
5. The spouses have been living separate and apart continuously without reconciliation for at least two years before the petitioner filed for legal separation. A party may file a petition based on this ground by alleging that it is expected that the parties will be living separate and apart for the required period. If the parties have not been separated for the required period at the time of the filing of the petition,  the action shall not be dismissed for failure to state sufficient grounds and the action shall be stayed for the period of time remaining to meet the grounds based on separation,  except that the court may enter and enforce temporary orders pursuant to section 25-315 during the time that the action is pending.
6. The respondent spouse's habitual intemperance or ill treatment of the other spouse is of such a nature as to render their living together insupportable.
7. The respondent spouse has habitually abused drugs or alcohol.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-905 - Temporary orders for support and spousal maintenance

25-905.
Temporary orders for support and spousal maintenance
A husband or wife may file a petition for legal separation or a petition for dissolution of covenant marriage at any time. The court may enter temporary orders pursuant to section 25-315 at any time after a petition for legal separation or a petition for dissolution has been filed pursuant to this chapter.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-906 - Information pamphlet; requirements; distribution

25-906.
Information pamphlet;  requirements;  distribution
A. The supreme court shall publish a pamphlet entitled " Covenant Marriage in Arizona" . The pamphlet shall describe the requirements for entering into a covenant marriage pursuant to this chapter and the grounds necessary to obtain a decree of dissolution of marriage or a legal separation.
B. The supreme court shall provide the pamphlet on request to any person who provides counseling pursuant to this chapter.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-1004 - Application to Indian tribes

25-1004.
Application to Indian tribes
A. A child custody proceeding that pertains to an Indian child as defined in the Indian child welfare act (25 United States Code section 1903) is not subject to this chapter to the extent that it is governed by the Indian child welfare act.
B. A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying this article and article 2 of this chapter.
C. A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under article 3 of this chapter.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-1005 - International application of chapter

25-1005.
International application of chapter
A. A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying this article and article 2 of this chapter.
B. Except as otherwise provided in subsection C,  a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under article 3 of this chapter.
C. A court of this state is not required to apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-1006 - Effect of child custody determination

25-1006.
Effect of child custody determination
A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified pursuant to section 25-1008 or who have submitted to the jurisdiction of the court and who have been given an opportunity to be heard. As to those persons,  the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-1008 - Notice to persons outside this state

25-1008.
Notice to persons outside this state
A. Notice required for the exercise of jurisdiction if a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.
B. Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made.
C. Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-1009 - Appearance and limited immunity

25-1009.
Appearance and limited immunity
A. A party to a child custody proceeding,  including a modification proceeding,  or a petitioner or respondent in a proceeding to enforce or register a child custody determination,  is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated,  or of having been physically present for the purpose of participating,  in the proceeding.
B. A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party who is present in this state and who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.
C. The immunity granted by subsection A does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter and committed by an individual while present in this state.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-1010 - Communication between courts; definition

25-1010.
Communication between courts;  definition
A. A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter.
B. The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication,  they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.
C. Communication between courts on schedules,  calendars,  court records and similar matters may occur without informing the parties. A record need not be made of the communication.
D. Except as otherwise provided in subsection C,  a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record.
E. For the purposes of this section,  "  record"   means information that is inscribed on a tangible medium or that is stored in any electronic or other medium and that is retrievable in perceivable form.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-1011 - Taking testimony in another state

25-1011.
Taking testimony in another state
A. In addition to other procedures available to a party,  a party to a child custody proceeding may offer testimony of witnesses who are located in another state,  including testimony of the parties and the child,  by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms on which the testimony is taken.
B. A court of this state may permit an individual residing in another state to be deposed or to testify by telephone,  audiovisual means or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
C. Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing shall not be excluded from evidence on an objection based on the means of transmission.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-1012 - Cooperation between courts; preservation of records

25-1012.
Cooperation between courts;  preservation of records
A. A court of this state may request the appropriate court of another state to:
1. Hold an evidentiary hearing.
2. Order a person to produce or give evidence pursuant to procedures of that state.
3. Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding.
4. Forward to the court of this state a certified copy of the transcript of the record of the hearing,  the evidence otherwise presented and any evaluation prepared in compliance with the request.
5. Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
B. On request of a court of another state,  a court of this state may hold a hearing or enter an order described in subsection A.
C. Travel and other necessary and reasonable expenses incurred under subsections A and B may be assessed against the parties according to the law of this state.
D. A court of this state shall preserve the pleadings,  orders,  decrees,  records of hearings,  evaluations and other pertinent records with respect to a child custody proceeding until the child attains eighteen years of age. On appropriate request by a court or law enforcement official of another state,  the court shall forward a certified copy of those records.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-1013 - Military deployment; home state

25-1013.
Military deployment;  home state
Notwithstanding section 25-1002,  if this state is the home state of a child at the time of the military deployment of that child's custodial parent outside of the United States and the child is relocated outside of the United States during the deployment,  this state remains the home state of the child until the deployment ends.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-1031 - Initial child custody jurisdiction

25-1031.
Initial child custody jurisdiction
A. Except as otherwise provided in section 25-1034,  a court of this state has jurisdiction to make an initial child custody determination only if any of the following is true:
1. This state is the home state of the child on the date of the commencement of the proceeding,  or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state.
2. A court of another state does not have jurisdiction under paragraph 1 or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under section 25-1037 or 25-1038 and both of the following are true:
(a) The child and the child's parents,  or the child and at least one parent or a person acting as a parent,  have a significant connection with this state other than mere physical presence.
(b) Substantial evidence is available in this state concerning the child's care,  protection,  training and personal relationships.
3. All courts having jurisdiction under paragraph 1 or 2 have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under section 25-1037 or 25-1038.
4. A court of any other state would not have jurisdiction under the criteria specified in paragraph 1,  2 or 3.
B. Subsection A of this section is the exclusive jurisdictional basis for making a child custody determination by a court of this state.
C. Physical presence of or personal jurisdiction over a party or a child is not necessary or sufficient to make a child custody determination.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-1032 - Exclusive continuing jurisdiction

25-1032.
Exclusive continuing jurisdiction
A. Except as otherwise provided in section 25-1034,  a court of this state that has made a child custody determination consistent with section 25-1031 or 25-1033 has exclusive,  continuing jurisdiction over the determination until either of the following is true:
1. A court of this state determines that neither the child,  nor the child and one parent,  nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care,  protection,  training and personal relationships.
2. A court of this state or a court of another state determines that the child,  the child's parents and any person acting as a parent do not presently reside in this state.
B. A court of this state that has made a child custody determination and does not have exclusive,  continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under section 25-1031.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-1033 - Jurisdiction to modify determination

25-1033.
Jurisdiction to modify determination
Except as otherwise provided in section 25-1034,  a court of this state shall not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under section 25-1031,  subsection A,  paragraph 1 or 2 and either of the following is true:
1. The court of the other state determines that it no longer has exclusive,  continuing jurisdiction under section 25-1032 or that a court of this state would be a more convenient forum under section 25-1037.
2. A court of this state or a court of the other state determines that the child,  the child's parents and any person acting as a parent do not presently reside in the other state.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-1034 - Temporary emergency jurisdiction

25-1034.
Temporary emergency jurisdiction
A. A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child,  or a sibling or parent of the child,  is subjected to or threatened with mistreatment or abuse.
B. If there is no previous child custody determination that is entitled to be enforced under this chapter and a child custody proceeding has not been commenced in a court of a state having jurisdiction under section 25-1031,  25-1032 or 25-1033,  a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under section 25-1031,  25-1032 or 25-1033. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under section 25-1031,  25-1032 or 25-1033,  a child custody determination made under this section becomes a final determination,  if it so provides and this state becomes the home state of the child.
C. If there is a previous child custody determination that is entitled to be enforced under this chapter or a child custody proceeding has been commenced in a court of a state having jurisdiction under section 25-1031,  25-1032 or 25-1033,  any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under section 25-1031,  25-1032 or 25-1033. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.
D. A court of this state that has been asked to make a child custody determination under this section,  on being informed that a child custody proceeding has been commenced in,  or a child custody determination has been made by,  a court of a state having jurisdiction under section 25-1031,  25-1032 or 25-1033,  shall immediately communicate with the other court. A court of this state that exercises jurisdiction pursuant to section 25-1031,  25-1032 or 25-1033,  on being informed that a child custody proceeding has been commenced in,  or a child custody determination has been made by,  a court of another state under a statute similar to this section,  shall immediately communicate with the court of that state to resolve the emergency,  protect the safety of the parties and the child and determine a period for the duration of the temporary order.
2023 Arizona Revised Statutes › Title 25 - Marital and Domestic Relations › § 25-1035 - Notice; opportunity to be heard; joinder

25-1035.
Notice;  opportunity to be heard;  joinder
A. Before a child custody determination is made under this chapter,  notice and an opportunity to be heard pursuant to section 25-1008 must be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state,  any parent whose parental rights have not been previously terminated and any person having physical custody of the child.
B. This chapter does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.
C. The obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter are governed by the law of this state as in child custody proceedings between residents of this state.