A. Before it conducts a proceeding concerning legal decision-making or parenting time, including a proceeding to determine the legal decision-making or visitation of a nonparent, a court in this state first must confirm its authority to do so to the exclusion of any other state, Indian tribe or foreign nation by complying with the uniform child custody jurisdiction and enforcement act, the parental kidnapping prevention act and any applicable international law concerning the wrongful abduction or removal of children.

Terms Used In Arizona Laws 25-402

  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Legal decision-making: means the legal right and responsibility to make all nonemergency legal decisions for a child including those regarding education, health care, religious training and personal care decisions. See Arizona Laws 25-401
  • Parenting time: means the schedule of time during which each parent has access to a child at specified times. See Arizona Laws 25-401
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Visitation: means a schedule of time that occurs with a child by someone other than a legal parent. See Arizona Laws 25-401

B. The following persons may request legal decision-making or parenting time under the following circumstances:

1. A parent in any proceeding for marital dissolution, legal separation, annulment, paternity or modification of an earlier decree or judgment.

2. A person other than a parent, by filing a petition for third party rights under section 25-409 in the county in which the child permanently resides.