Arizona Revised Statutes Title 25 - Marital And Domestic Relations
Chapter 1 MARRIAGE
Article 1 Capacity of Persons to Marry
Article 2 Validity of Marriage
Article 3 Marriage License, Ceremony and Record
Chapter 2 HUSBAND AND WIFE, PROPERTY AND CONTRACT RIGHTS
Article 1 Arizona Uniform Premarital Agreement Act
- § 25-201 Definitions
In this article, unless the context otherwise requires: 1. " Premarital agreement" means an agreement between prospective spouses that is made in contemplation of...
- § 25-202 Enforcement Of Premarital Agreements; Exception
A. A premarital agreement must be in writing and signed by both parties. The agreement is enforceable without consideration. B. The agreement becomes effective...
- § 25-203 Scope Of Agreement
A. Parties to a premarital agreement may contract with respect to: 1. The rights and obligations of each of the parties in any of...
- § 25-204 Amendment Or Revocation Of Agreement
After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the...
- § 25-205 Limitation Of Actions
A statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the...
Article 2 Property Rights and Contract Powers
Chapter 3 DISSOLUTION OF MARRIAGE
Article 1 Annulment
- § 25-301 Grounds
Superior courts may dissolve a marriage, and may adjudge a marriage to be null and void when the cause alleged constitutes an impediment rendering...
- § 25-302 Procedure And Law
A. The jurisdictional requirements and procedure for obtaining an annulment shall be the same as if the matter were one for dissolution of marriage....
Article 2 Dissolution of Marriage
- § 25-311 Jurisdiction; Form Of Petition; Award Of Decree
A. The superior court is vested with original jurisdiction to hear and decide all matters arising pursuant to this chapter and pursuant to chapter...
- § 25-312 Dissolution Of Marriage; Findings Necessary
The court shall enter a decree of dissolution of marriage if it finds each of the following: 1. That one of the parties, at...
- § 25-313 Decree Of Legal Separation; Findings Necessary
The court shall enter a decree of legal separation if it finds each of the following: 1. That one of the parties at the...
- § 25-314 Pleadings; Contents; Defense; Joinder Of Parties; Confidentiality
A. The verified petition in a proceeding for dissolution of marriage or legal separation shall allege that the marriage is irretrievably broken or that...
- § 25-315 Temporary Order Or Preliminary Injunction; Effect; Definition
A. In all actions for dissolution of marriage, for legal separation or for annulment, the clerk of the court shall pursuant to order of...
- § 25-316 Irretrievable Breakdown; Finding
A. If both of the parties by petition or otherwise state under oath or affirmation that the marriage is irretrievably broken or if one...
- § 25-317 Separation Agreement; Effect
A. To promote amicable settlement of disputes between parties to a marriage attendant on their separation or the dissolution of their marriage, the parties...
- § 25-318 Disposition Of Property; Retroactivity; Notice To Creditors; Assignment Of Debts; Contempt Of Court
A. In a proceeding for dissolution of the marriage, or for legal separation, or in a proceeding for disposition of property following dissolution of...
- § 25-318.01 Military Retirement Benefits; Disability Related Waiver
In making a disposition of property pursuant to section 25-318 or 25-327, a court shall not do any of the following: 1. Consider any...
- § 25-319 Maintenance; Computation Factors
A. In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of the marriage by a court...
- § 25-320 Child Support; Factors; Methods Of Payment; Additional Enforcement Provisions; Definitions
A. In a proceeding for dissolution of marriage, legal separation, maintenance or child support, the court may order either or both parents owing a...
- § 25-320.02 Self‑employed Parent; Tax Practitioner; Definition
A. On request of either parent or on the court's own motion, before the court enters an order for child support pursuant to section...
- § 25-321 Representation Of Child By Counsel; Fees
The court may appoint an attorney to represent the interests of a minor or dependent child with respect to the child's support, custody and...
- § 25-322 Payment Of Maintenance Or Support; Records; Disclosure
A. Except as provided in section 46-441, the court shall order that maintenance or support payments be made to the support payment clearinghouse for...
- § 25-323 Assignments
A. Pursuant to the requirements of section 25-504, in any proceeding in which the court orders a person to pay support as defined in...
- § 25-323.03 Forms; Alternative Forms
A. The petition or request for assignment, order for assignment, notices to obligor and employer, request for hearing and motion to quash or request...
- § 25-324 Attorney Fees
A. The court from time to time, after considering the financial resources of both parties and the reasonableness of the positions each party has...
- § 25-325 Decree; Finality; Restoration Of Maiden Name
A. A decree of dissolution of marriage or of legal separation is final when entered, subject to the right of appeal. An appeal from...
- § 25-326 Independence Of Provisions Of Decree Or Temporary Order; Forms
A. If a party fails to comply with a provision of a decree or temporary order or injunction, the obligation of the other party...
- § 25-327 Modification And Termination Of Provisions For Maintenance, Support And Property Disposition
A. Except as otherwise provided in section 25-317, subsections F and G, the provisions of any decree respecting maintenance or support may be modified...
- § 25-328 Sequence Of Trials When Custody Or Parenting Time Is An Issue
A. In all cases when custody or parenting time is a contested issue, the court shall first hear and decide all other issues including...
- § 25-329 Waiting Period
The court shall not consider a submission of a motion supported by affidavit or hold a trial or hearing on an application for a...
- § 25-330 Employer Cooperation
Either party to an order for support or maintenance or an agency that has obtained a judgment in its favor in a paternity action...
- § 25-331 Notification Requirements
A. In all proceedings brought pursuant to this title, the court shall provide the following written notification to all parties: You may request conclusions...
Article 4 Alienation of Affections
Article 5 Domestic Relations Education on Children's Issues
Article 7 Court of Conciliation
- § 25-381.01 Purposes Of Article
The purposes of this article are to promote the public welfare by preserving, promoting and protecting family life and the institution of matrimony, to...
- § 25-381.02 Definitions
In this article, unless the context otherwise requires: 1. " Conciliation court" means a court of conciliation provided for in this article.
- § 25-381.03 Applicability Of Article; Determination By Superior Court
The provisions of this article shall apply in every county where the superior court has by rule or order established a conciliation court. Such...
- § 25-381.04 Assignment Of Judges; Number Of Sessions
In counties having more than one judge of the superior court, the presiding judge may annually, in the month of January, designate at least...
- § 25-381.05 Transfer Of Cases; Reason; Duties Of Transferee Judge
The judge of the conciliation court may transfer any case before the conciliation court pursuant to this article to the presiding judge of the...
- § 25-381.06 Court Assistants; Salaries; Appointments
A. The superior court may appoint the following persons to assist the conciliation court in disposing of its business: 1. A competent person to...
- § 25-381.07 Director Of Conciliation; Powers And Duties
The director of conciliation shall, upon the order of the judge of the conciliation court: 1. Investigate the facts upon which to base warrants,...
- § 25-381.08 Jurisdiction
Whenever any controversy exists between spouses which may, unless a reconciliation is achieved, result in the legal separation, dissolution or annulment of the marriage...
- § 25-381.09 Petition Invoking Jurisdiction Or For Transfer Of Action To Conciliation Court
Prior to the filing of any action for annulment, dissolution of marriage, or legal separation, either spouse, or both spouses, may file in the...
- § 25-381.10 Petition; Caption
The petition shall be captioned substantially as follows: In the Superior Court of the State of Arizona in and for the County of _________________...
- § 25-381.11 Petition; Contents
The petition shall: 1. Allege that a controversy exists between the spouses and request the aid of the conciliation court to effect a reconciliation...
- § 25-381.12 Blank Forms; Assistance In Preparing And Presenting Petition
The clerk of the court shall provide, at the expense of the county, blank forms for petitions for filing pursuant to this article. The...
- § 25-381.13 Fees
No fee shall be charged for filing the petition, nor shall any fee be charged by any officer for the performance of any duty...
- § 25-381.14 Hearing; Time; Place; Notice; Citation; Witnesses
The judge of the conciliation court shall fix a reasonable time and place for hearing on the petition, said hearing to be held within...
- § 25-381.15 Time And Place Of Holding Hearings
Hearings pursuant to this article may be held at any time and place within the county, and may be held in chambers or otherwise,...
- § 25-381.16 Conduct Of Hearing; Recommendations; Aid Of Specialists; Expense; Confidential Communications
A. A person designated by the judge of the conciliation court shall conduct an informal hearing as a conference or series of conferences to...
- § 25-381.17 Orders; Duration Of Effectiveness; Reconciliation Agreement
A. The judge of the conciliation court shall have full power to make, alter, modify, and enforce all orders or temporary orders, orders for...
- § 25-381.18 Dissolution Of Marriage; Legal Separation; Annulment; Stay Of Right To File; Jurisdiction For Pending Actions
A. During a period beginning on the filing of a petition for conciliation and continuing until sixty days after the filing of the petition...
- § 25-381.19 Transfer Of Certain Actions Where Minor Child Involved
Whenever any action for annulment of marriage, dissolution of marriage, or legal separation is filed in the superior court and it appears to the...
- § 25-381.20 Procedure In Actions Where No Child Is Involved; Conciliation Court May Accept Case
Whenever application is made to the conciliation court for conciliation proceedings in respect to a controversy between spouses or a contested action for annulment...
- § 25-381.21 Construction Of Article
Except as specifically and expressly so provided, nothing in this article is intended or shall be construed to repeal, modify, or change in any...
- § 25-381.22 Subsequent Petition Filed Within One Year
Once a petition by either or both of the spouses has been filed as permitted by section 25-381.09, the filing of any subsequent petition...
- § 25-381.23 Option For Mandatory Conciliation
In those counties in which the superior court has by rule or order established a conciliation court, the judge or judges of the conciliation...
- § 25-381.24 Counseling
The conciliation court, in counties having a population of less than two hundred thousand persons according to the most recent United States census, may...
Chapter 4 LEGAL DECISION-MAKING AND PARENTING TIME
Article 1 Legal Decision-Making and Parenting Time
- § 25-401 Definitions
In this chapter, unless the context otherwise requires: 1. " In loco parentis" means a person who has been treated as a parent by...
- § 25-402 Jurisdiction
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...
- § 25-403 Legal Decision-Making; Best Interests Of Child
A. The court shall determine legal decision-making and parenting time, either originally or on petition for modification, in accordance with the best interests of...
- § 25-403.01 Sole And Joint Legal Decision-Making And Parenting Time
A. In awarding legal decision-making, the court may order sole legal decision-making or joint legal decision-making. B. In determining the level of decision-making that...
- § 25-403.02 Parenting Plans
A. If the child's parents cannot agree on a plan for legal decision-making or parenting time, each parent must submit a proposed parenting plan....
- § 25-403.03 Domestic Violence And Child Abuse
A. Notwithstanding subsection D of this section, joint legal decision-making shall not be awarded if the court makes a finding of the existence of...
- § 25-403.04 Substance Abuse
A. If the court determines that a parent has abused drugs or alcohol or has been convicted of any drug offense under title 13,...
- § 25-403.05 Sexual Offenders; Murderers; Legal Decision-Making And Parenting Time; Notification Of Risk To Child
A. Unless the court finds that there is no significant risk to the child and states its reasons in writing, the court shall not...
- § 25-403.06 Parental Access To Prescription Medication And Records
A. Unless otherwise provided by court order or law, on reasonable request both parents are entitled to have equal access to prescription medication, documents...
- § 25-403.07 Identification Of A Primary Caretaker And Public Assistance
The court may specify one parent as the primary caretaker of the child and one home as the primary home of the child for...
- § 25-403.08 Resources And Fees
A. In a proceeding regarding sole or joint legal decision-making or parenting time, either party may request attorney fees, costs and expert witness fees...
- § 25-403.09 Child Support
A. For any parenting time order entered under this article, the court shall determine an amount of child support in accordance with section 25-320...
- § 25-404 Temporary Orders
A. A party to a legal decision-making and parenting time proceeding may move for a temporary order. This motion must be supported by pleadings...
- § 25-405 Interviews By Court; Professional Assistance
A. The court may interview the child in chambers to ascertain the child's wishes as to the child's custodian and as to parenting time....
- § 25-406 Investigations And Reports
A. In contested legal decision-making and parenting time proceedings, and in other custody proceedings if a parent or the child's custodian so requests, the...
- § 25-407 Legal Decision-Making And Parenting Time Hearings; Priority; Costs; Record
A. Legal decision-making and parenting time proceedings shall receive priority in being set for hearing. If a party to a legal decision-making or parenting...
- § 25-408 Rights Of Each Parent; Parenting Time; Relocation Of Child; Exception; Enforcement; Access To Prescription Medication And Records
A. If by written agreement or court order both parents are entitled to joint legal decision-making or parenting time and both parents reside in...
- § 25-409 Third Party Rights
A. Pursuant to section 25-402, subsection B, paragraph 2, a person other than a legal parent may petition the superior court for legal decision-making...
- § 25-410 Judicial Supervision
A. Except as otherwise agreed by the parties in writing at the time of the legal decision-making or parenting time order or divorce decree,...
- § 25-411 Modification Of Legal Decision-Making Or Parenting Time; Affidavit; Contents; Military Families
A. A person shall not make a motion to modify a legal decision-making or parenting time decree earlier than one year after its date,...
- § 25-412 Expedited Child Support And Parenting Time Fund
A. Each county treasurer shall establish an expedited child support and parenting time fund consisting of monies received pursuant to section 12-284, subsection D....
- § 25-413 Domestic Relations Education And Mediation Fund; Report
A. Each county treasurer shall establish a domestic relations education and mediation fund consisting of monies received pursuant to section 12-284, subsection C. B....
- § 25-414 Violation Of Visitation Or Parenting Time Rights; Penalties
A. If the court, based on a verified petition and after it gives reasonable notice to an alleged violating parent and an opportunity for...
- § 25-415 Sanctions For Litigation Misconduct
A. The court shall sanction a litigant for costs and reasonable attorney fees incurred by an adverse party if the court finds that the...
Chapter 5 FAMILY SUPPORT DUTIES
Article 1 General Provisions
- § 25-500 Definitions
In this chapter, unless the context otherwise requires: 1. " Arrearage" means the total unpaid support owed, including child support, past support, spousal maintenance...
- § 25-501 Duties Of Support; Exemption
A. Except as provided in subsection F of this section, every person has the duty to provide all reasonable support for that person's natural...
- § 25-502 Jurisdiction, Venue And Procedure; Additional Enforcement Provisions
A. The superior court has original jurisdiction in proceedings brought by the department, its agents, a person having physical custody of a child or...
- § 25-503 Order For Support; Methods Of Payment; Modification; Termination; Statute Of Limitations; Judgment On Arrearages; Notice; Security
A. In any proceeding in which there is at issue the support of a child, the court may order either or both parents to...
- § 25-503.01 Self-Employed Parent; Monies Held As Security For Payment Of Support
A. On a showing of good cause, the court may order that a self-employed parent who is required to make child support payments forward...
- § 25-504 Order Of Assignment; Ex Parte Order Of Assignment; Responsibilities; Violation; Termination
A. In a proceeding in which the court orders a person to pay support the court shall, and in a proceeding in which the...
- § 25-505 Limited Income Withholding Orders; Definition
A. The department or its agent may issue a limited income withholding order to any employer, payor or other holder of a nonperiodic or...
- § 25-505.01 Administrative Income Withholding Order; Notice; Definition
A. In a title IV-D case, if a person is obligated to pay support, the department or its agent, without prior notice to the...
- § 25-506 Order For Assignment; Foreign Support Order
A. A petition for an ex parte order for assignment may be filed by an agency based on an order for support issued by...
- § 25-507 Forms; Alternative Forms
A. The request for assignment, order of assignment, notices to obligor and employer, request for hearing and request to adjust or terminate the order...
- § 25-508 Enforcement Of Support Orders; Fee Prohibition
A. Any judgment, order or decree, whether arising from a dissolution, divorce, separation, annulment, custody determination, paternity or maternity determination or dependency proceeding or...
- § 25-509 Representation By Attorney General Or County Attorney; Modification Of Order By Attorney General Or County Attorney
A. The attorney general or county attorney on behalf of this state may initiate an action or intervene in an action to establish, modify...
- § 25-510 Receiving And Disbursing Support And Maintenance Monies; Arrearages; Interest
A. The support payment clearinghouse established pursuant to section 46-441 shall receive and disburse all monies, including fees and costs, applicable to support and...
- § 25-511 Failure Of Parent To Provide For Child; Classification
A. Except as provided in section 25-501, subsection F, any parent of a minor child who knowingly fails to furnish reasonable support for the...
- § 25-511.01 Spousal Maintenance Order; Violation; Classification
A person who is obligated to pay spousal maintenance pursuant to an order issued by a court of competent jurisdiction is guilty of a...
- § 25-512 Consumer Credit Reports; Use Of Child Support Or Spousal Maintenance Obligation Information
A. A consumer reporting agency as defined in title 44, chapter 11, article 6 shall include as part of a consumer report information regarding:...
- § 25-513 Employer Cooperation; Violation; Classification
A. On written request delivered to an employer, payor or self-employed person by the department or its agent or the child support enforcement entity...
- § 25-514 Priority Of Action And Judgments
Except as otherwise provided by statute, actions pursuant to this article shall be given priority over all other civil actions. Except for judgments foreclosing...
- § 25-516 Lien; Notice; Priority; Recording; Reciprocity
A. Notwithstanding section 25-514, in a title IV-D case if a person obligated to pay child support is in arrears for an amount equal...
- § 25-517 Title Iv‑d Agency; License Suspension; Notice; Administrative Review Or Hearing
A. The department or its agent shall notify an obligor who is at least six months in arrears in making child support payments, periodic...
- § 25-518 Child Support Arrearage; License Suspension; Hearing
A. A court shall send a certificate of noncompliance to the board or agency ordering the suspension or denial of a driver license or...
- § 25-519 Regulatory Entities; Suspension Of License
The following are subject to the requirements of section 25-518: 1. All boards established under title 32. 2. The superintendent of financial institutions. 3....
- § 25-520 Child Support Enforcement; Administrative Subpoena; Civil Penalty
A. In a title IV-D case the department or its agent may issue a subpoena to a person or entity believed to have information...
- § 25-521 Levy; Seizure Of Property For Collection Of Support Debt; Definitions
A. If there is a court ordered judgment or if the obligor is in arrears in an amount equal to twelve months of support,...
- § 25-522 Administrative Review; Notice; Determination; Judicial Review; Definitions
A. An obligor may contest an enforcement action by the department or its agent by filing a request for administrative review. An obligee may...
- § 25-523 Financial Institutions Data Match; Nonliability; Prohibited Disclosure; Liability; Civil Liability; Definition
A. The department shall enter into agreements with financial institutions that conduct business in this state to develop and operate a data match system...
- § 25-524 Financial Institutions; Surrender Of Assets; Nonliability
A. On receipt of a notice of lien or levy a financial institution shall encumber or surrender, as appropriate, assets held by the institution...
- § 25-525 Administrative Enforcement; Interstate Cases; Definition
A. The department or its agent shall respond promptly to a request made by a title IV-D agency in another state to enforce a...
- § 25-526 Child Support Enforcement Information; Internet Posting
The department of economic security division of child support enforcement shall post information on the internet on a quarterly basis that identifies no fewer...
- § 25-527 Child Support; Overpayment; Reimbursement
A. An obligor whose obligation to pay support has terminated may file a request for reimbursement against the obligee for support payments made in...
- § 25-528 Title Iv-d Recipients; Fee
A. If a recipient of title IV-D services receives at least five hundred dollars of support in a federal fiscal year and the recipient...
- § 25-529 Title Iv-d Cases; Alternative Medical Insurance Coverage
The director of the department of economic security may disseminate information provided by the department of insurance regarding individual medical insurance plans and may...
- § 25-530 Spousal Maintenance; Veterans Disability Benefits; Definition
A. In determining whether to award spousal maintenance or the amount of any award of spousal maintenance to a requesting party, the court shall...
Article 2 Child Medical Support
Article 3 Spousal Maintenance Enforcement
- § 25-551 Clerk Of The Court
The clerk of the court may provide services to assist a person to collect spousal maintenance. These services may include providing information regarding collection...
- § 25-552 Jurisdiction; Priority Of Action
A. The superior court has original jurisdiction in proceedings brought by this state or a person who is owed spousal maintenance to establish, enforce...
- § 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...
Article 5 Child Support Arrest Warrants
Chapter 6 MATERNITY AND PATERNITY PROCEEDINGS
Article 1 Maternity and Paternity Proceedings
- § 25-801 Jurisdiction
The superior court has original jurisdiction in proceedings to establish maternity or paternity. All such proceedings shall be civil actions.
- § 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...
- § 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...
- § 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....
- § 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...
- § 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...
- § 25-807 Precedence Of Maternity And Paternity Proceedings; Delay For Paternity Tests; Court Order; Evidentiary Use; Alternative Tests; Out-Of-state Orders; Immunity
A. Proceedings to establish maternity and paternity have precedence over other civil proceedings. The case shall be set for trial within sixty days from...
- § 25-809 Judgment
A. Except as provided in section 25-501, subsection F, if a respondent admits parentage or if the issue is decided in the affirmative in...
- § 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...
- § 25-812 Voluntary Acknowledgment Of Paternity; Action To Overcome Paternity
A. This state or the parent of a child born out of wedlock may establish the paternity of a child by filing one of...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
Chapter 7 COVENANT MARRIAGE
Article 1 General Provisions
Chapter 8 UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
Article 1 General Provisions
Article 2 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 25-1036 Simultaneous Proceedings
A. Except as otherwise provided in section 25-1034, a court of this state shall not exercise its jurisdiction under this article if, at the...
- § 25-1037 Inconvenient Forum
A. A court of this state that has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction...
- § 25-1038 Jurisdiction Declined By Reason Of Conduct
A. Except as otherwise provided in section 25-1034, if a court of this state has jurisdiction under this chapter because a person seeking to...
- § 25-1039 Information To Be Submitted To Court
A. In a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under...
- § 25-1040 Appearance Of Parties And Child
A. In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to...
Article 3 Enforcement
- § 25-1051 Definitions
In this article, unless the context otherwise requires: 1. " Petitioner" means a person who seeks enforcement of an order for return of a...
- § 25-1052 Enforcement Under Hague Convention
Under this article a court of this state may enforce an order for the return of the child made under the Hague convention on...
- § 25-1053 Duty To Enforce
A. A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court...
- § 25-1054 Temporary Visitation
A. A court of this state that does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing: 1....
- § 25-1055 Registration Of Child Custody Determination
A. A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request...
- § 25-1056 Enforcement Of Registered Determination
A. A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody...
- § 25-1057 Simultaneous Proceedings
If a proceeding for enforcement under this article is commenced in a court of this state and the court determines that a proceeding to...
- § 25-1058 Expedited Enforcement Of Child Custody Determination
A. A petition under this article must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration...
- § 25-1059 Service Of Petition And Order
Except as otherwise provided in section 25-1061, the petition and order must be served on the respondent and any person who has physical custody...
- § 25-1060 Hearing And Order
A. Unless the court issues a temporary emergency order in accordance with section 25-1034, on a finding that a petitioner is entitled to immediate...
- § 25-1061 Warrant To Take Physical Custody Of Child
A. On the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance...
- § 25-1062 Costs, Fees And Expenses
A. The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including...
- § 25-1063 Recognition And Enforcement
A court of this state shall accord full faith and credit to an order that is issued by another state, that is consistent with...
- § 25-1064 Appeals
An appeal may be taken from a final order in a proceeding under this article in accordance with expedited appellate procedures in other civil...
- § 25-1065 Role Of Attorney General
A. In a case that arises under this chapter or that involves the Hague convention on the civil aspects of international child abduction, the...
- § 25-1066 Role Of Law Enforcement
At the request of the attorney general who acts pursuant to section 25-1065, a law enforcement officer may take any lawful action reasonably necessary...
- § 25-1067 Costs And Expenses
If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the attorney...
Chapter 9 UNIFORM INTERESTATE FAMILY SUPPORT ACT
Article 1 General Provisions
Article 2 Jurisdiction
Article 3 Civil Provisions of General Application
- § 25-1241 Proceedings Under This Chapter
A. Except as otherwise provided in this chapter, this article applies to all proceedings under this chapter. B. An individual petitioner or a support...
- § 25-1242 Proceeding By Minor Parent
A minor parent or a guardian or other legal representative of a minor parent may maintain a proceeding on behalf of or for the...
- § 25-1243 Application Of Law Of State
Except as otherwise provided by this chapter, a responding tribunal of this state shall: 1. Apply the procedural and substantive law generally applicable to...
- § 25-1244 Duties Of Initiating Tribunal
A. On the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward the petition and its accompanying...
- § 25-1245 Duties And Powers Of Responding Tribunal
A. When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to section 25-1241,...
- § 25-1246 Inappropriate Tribunal
If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents...
- § 25-1247 Duties Of Support Enforcement Agency
A. In a proceeding under this chapter, a support enforcement agency of this state, on request: 1. Shall provide services to a petitioner that...
- § 25-1248 Duty Of The Attorney General
A. If the attorney general determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general...
- § 25-1249 Private Counsel
An individual may employ private counsel to represent the individual in proceedings authorized by this chapter.
- § 25-1250 Duties Of Department Of Economic Security
A. The department of economic security is the state information agency under this chapter. B. The department shall: 1. Compile and maintain a current...
- § 25-1251 Pleadings And Accompanying Documents
A. In a proceeding under this chapter, a petitioner seeking to establish a support order, determine parentage of a child or register and modify...
- § 25-1252 Nondisclosure Of Information In Exceptional Circumstances
If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would...
- § 25-1253 Costs And Fees
A. The petitioner may not be required TO pay a filing fee or other costs. B. If an obligee prevails, a responding tribunal of...
- § 25-1254 Limited Immunity Of Petitioner
A. Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney or through services provided by the...
- § 25-1255 Nonparentage As Defense
A party whose parentage of a child has been previously determined by or pursuant to law shall not plead nonparentage as a defense to...
- § 25-1256 Special Rules Of Evidence And Procedure
A. The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment,...
- § 25-1257 Communications Between Tribunals
A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, e-mail or other means to...
- § 25-1258 Assistance With Discovery
A tribunal of this state may: 1. Request a tribunal outside this state to assist in obtaining discovery. 2. On request, compel a person...
- § 25-1259 Receipt And Disbursement Of Payments
A. A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by...
Article 4 Establishment of Support Order or Determination of Parentage
Article 5 Enforcement of Support Order Without Registration
Article 6 Registration, Enforcement and Modification of Support Order
- § 25-1301 Registration Of Order For Enforcement
A support order or an income withholding order issued in another state or a foreign support order may be registered in this state for
- § 25-1302 Procedure To Register Order For Enforcement
A. Except as provided in section 25-1336, a support order or income withholding order of another state or a foreign support order may be...
- § 25-1303 Effect Of Registration For Enforcement
A. A support order or income withholding order issued in another state or a foreign support order is registered when the order is filed...
- § 25-1304 Choice Of Law
A. Except as otherwise provided in subsection D of this section, the law of the issuing state or foreign country governs: 1. The nature,...
- § 25-1305 Notice Of Registration Of Order
A. When a support order or income withholding order issued in another state or a foreign support order is registered, the registering tribunal of...
- § 25-1306 Procedure To Contest Validity Or Enforcement Of Registered Support Order
A. A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within...
- § 25-1307 Contest Of Registration Or Enforcement
A. A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving...
- § 25-1308 Confirmed Order
Confirmation of a registered support order, whether by operation of law or after notice and a hearing, precludes further contest of the order with...
- § 25-1309 Procedure To Register Child Support Order Of Another State For Modification
A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register...
- § 25-1310 Effect Of Registration For Modification
A tribunal of this state may enforce a child support order of another state registered for purposes of modification in the same manner as...
- § 25-1311 Modification Of Child Support Order Of Another State
A. If section 25-1313 does not apply, on petition, a tribunal of this state may modify a child support order issued in another state...
- § 25-1312 Recognition Of Order Modified In Another State
If a child support order issued by a tribunal of this state is modified by a tribunal of another state that assumed jurisdiction pursuant...
- § 25-1313 Jurisdiction To Modify Child Support Order Of Another State If Individual Parties Reside In This State
A. If all of the individual parties reside in this state and the child does not reside in the issuing state, a tribunal of...
- § 25-1314 Notice To Issuing Tribunal Of Modification
Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order...
- § 25-1315 Jurisdiction To Modify Child Support Order Of Foreign Country
A. Except as provided in section 25-1341, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant...
- § 25-1316 Procedure To Register Child Support Order Of Foreign Country For Modification
A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the convention may...
Article 7 Support Proceeding Under Convention
- § 25-1331 Definitions
In this article: 1. " Application" means a request under the convention by an obligee or obligor, or on behalf of a child, made...
- § 25-1332 Applicability
This article applies only to a support proceeding under the convention. In such a proceeding, if a provision of this article is inconsistent with...
- § 25-1333 Relationship Of Department Of Economic Security To United States Central Authority
The department of economic security is recognized as the agency designated by the United States central authority to perform specific functions under the convention.
- § 25-1334 Initiation By Department Of Economic Security Of Support Proceeding Under Convention
A. In a support proceeding under this article, the department of economic security shall do both of the following: 1. Transmit and receive applications....
- § 25-1335 Direct Request
A. A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In...
- § 25-1336 Registration Of Convention Support Order
A. Except as otherwise provided in this article, a party who is an individual or that is a support enforcement agency seeking recognition of...
- § 25-1337 Contest Of Registered Convention Support Order
A. Except as otherwise provided in this article, sections 25-1305, 25-1306, 25-1307 and 25-1308 apply to a contest of a registered convention support order....
- § 25-1338 Recognition And Enforcement Of Registered Convention Support Order
A. Except as provided in subsection B of this section, a tribunal of this state shall recognize and enforce a registered convention support order....
- § 25-1339 Partial Enforcement
If a tribunal of this state does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part...
- § 25-1340 Foreign Support Agreement
A. Except as provided in subsections C and D of this section, a tribunal of this state shall recognize and enforce a foreign support...
- § 25-1341 Modification Of Convention Child Support Order
A. A tribunal of this state may not modify a convention child support order if the obligee remains a resident of the foreign country...
- § 25-1342 Personal Information; Limit On Use
Personal information gathered or transmitted under this article may be used only for the purposes for which it was gathered or transmitted.
- § 25-1343 Record In Original Language; English Translation
A record filed with a tribunal of this state under this article must be in the original language and, if not in English, must...
Article 8 Interstate Rendition
- § 25-1361 Grounds For Rendition
A. The governor of this state may: 1. Demand that the governor of another state surrender an individual found in the other state who...
- § 25-1362 Conditions Of Rendition
A. Before making a demand that the governor of another state surrender an individual, the governor of this state may require a prosecutor of...
Chapter 10 LEGITIMACY OF CHILDREN
Article 1 General Provisions
Last modified: October 13, 2016