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I have a daughter and son who physically live in Iowa, i live in az. Do i have to file in Iowa to get my children.

Lowden, IA |

My sons father has legal custody, he doesn't have legal custody of my daughter. I want physical custody of my daughter and visitation for my son. The legal process happened in Missouri, I now live in Arizona, The children are living in Iowa and I am not being allowed visitation or regular phone calls, what and where do I have to file?

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Attorney answers 1


This is a jurisdiction issue. It sounds like everyone started in Missouri and no one is left in Missouri. I think you may be able to file in Arizona however jurisdiction may be challenged due to the fact that the children live in Iowa. Often times the courts will favor jurisdiction where the children reside for convenience purposes. It might be best for you to file in Iowa so you do not waste the time or expense in a jurisdiction fight.

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