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Legal Information: Arizona

Statutes: Arizona

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December 12, 2023

§ 25-1002. Definitions

In this chapter, unless the context otherwise requires:

1. “Abandoned” means left without provision for reasonable and necessary care or supervision.

2. “Child” has the same meaning prescribed in § 1-215.

3. “Child custody determination”:

(a) Means any judgment, decree or other order of a court, including a permanent, temporary, initial and modification order, for legal custody, physical custody or visitation with respect to a child.

(b) Does not include an order relating to child support or any other monetary obligation of an individual.

4. “Child custody proceeding”:

(a) Means a proceeding, including a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and protection from domestic violence, in which legal custody, physical custody or visitation with respect to a child is an issue or in which that issue may appear.

(b) Does not include a proceeding involving juvenile delinquency, contractual emancipation or enforcement under article 3 of this chapter. [FN1]

5. “Commencement” means the filing of the first pleading in a proceeding.

6. “Court” means an entity authorized under the law of a state to establish, enforce or modify a child custody determination.

7. “Home state” means:

(a) The state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding, including any period during which that person is temporarily absent from that state.

(b) If a child is less than six months of age, the state in which the child lived from birth with a parent or person acting as a parent, including any period during which that person is temporarily absent from that state.

8. “Initial determination” means the first child custody determination concerning a particular child.

9. “Issuing court” means the court that makes a child custody determination for which enforcement is sought under this chapter.

10. “Issuing state” means the state in which a child custody determination is made.

11. “Modification” means a child custody determination that changes, replaces, supersedes or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.

12. “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, or public corporation or any other legal or commercial entity.

13. “Person acting as a parent” means a person, other than a parent, who meets both of the following requirements:

(a) Has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding.

(b) Has been awarded legal custody by a court or claims a right to legal custody under the law of this state.

14. “Physical custody” means the physical care and supervision of a child.

15. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

16. “Tribe” means an Indian tribe or band or Alaskan native village that is recognized by federal law or formally acknowledged by a state.

17. “Visitation” includes parenting time as defined in § 25-401.

18. “Warrant” means an order issued by a court authorizing law enforcement officers to take physical custody of a child.