Jurisdiction in Arizona over Child Custody Cases.
Knowing which state to file regarding child custody can often be confusing when one of the parent's and the child leave the state. Although a parent may leave the his/her child, this doesn't necessarily mean that parent should be filing in the new state. Often, such filings could and should be challenged. One of the ways to determine if Arizona has jurisdiction is knowing whether Arizona is considered the Home State. Home State in Arizona is defined in one of two ways:
1) The state where the child lived with a parent for at least 6 consecutive months before the commencement of a child custody proceeding. This includes any period where child is merely temporarily out of the state.
2) If the child is less than six months old, the state where the child lived since birth is the home state, including any period where the child is temporarily absent from the state.
Determining juridiction isn't always as simple as determining the home state, however. Many times
a state may have proper jurisdiction simply by showing it is the more "convenient" forum. Over the
next few legal guides, I will go over the types of jurisdictions in Arizona child custody disputes.
Specifically, I will discuss the following:
A) Initial Child Custody Determination
B) Exclusive, Continuing jurisdiction
C) Jurisdiction to Modify determination
D) Temporary emergency jurisdiction