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Current as of March 08, 2022 | Updated by FindLaw Staff
A. Except as otherwise provided in § 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 § 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 § 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.
Cite this article: FindLaw.com - Arizona Revised Statutes Title 25. Marital and Domestic Relations § 25-1031. Initial child custody jurisdiction - last updated March 08, 2022 | https://codes.findlaw.com/az/title-25-marital-and-domestic-relations/az-rev-st-sect-25-1031/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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