Many people move to Arizona or away from Arizona with their children. The other parent remains in the former state. The question then becomes which court has jurisdiction. This is a rather complicated area of the law, and thus you should meet with our attorneys for a full analysis of your situation in order to determine what your best course of action should be. A very general rule is that the state with jurisdiction is the one in which the child resided for the past six months. There are exceptions to this rule, but in many cases the six-month state will be the state with jurisdiction unless there is an existing court order in some other state.
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If you are seeking to relocate away from Arizona or if you know that the other parent is planning to relocate away from Arizona, you need to contact our office immediately to properly plan your case. If you wait too long, your options may be drastically limited or even eliminated. Mr. Thomas has handled a wide variety of interstate custody disputes, and is well versed in the nuances of the federal and state laws that govern such situations.
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Among other things, the judge who decides the relocation dispute will need to consider various factors, such as the motivation for the move, the cited reasons for the move, the impact of the move on the child and the non-moving parent, the desires of the child (if old enough to comment), etc. There are countless other factors that may affect the judge’s decision, so it is important to begin gathering evidence immediately so that your planned relocation to or from Arizona can be presented to the judge in a persuasive and supported manner. If you are seeking to prevent someone from relocating away from Arizona or if you are seeking to have your child returned to Arizona, you should contact our Arizona divorce lawyers for an appointment as soon as possible. Mr. Thomas has successfully handled claims on both sides of the relocation issue.