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Speak Up! - View Question #162 |
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Question: Does the state where a divorce was ruled on, automatically have jurisdiction if the mother and child move to AZ?
Answer: In most states and territories the court that granted the divorce keeps jurisdiction over the children. However, a new state can take jurisdiction under certain circumstances. In Arizona, the State of Arizona can take jurisdiction in the following situations:
1. Where the minor child has lived in Arizona for six months, and has been taken out of the state by a person claiming custody, where a parent or acting parent continues to live in Arizona and wants the court to act.
2. Where it is in the best interest of the child that the matter be heard in Arizona because the child and his parents or one of his parents have significant connection with Arizona, and there is substantial evidence available in Arizona regarding things relevant to what the court is being asked to decide. THIS IS THE USUAL GROUNDS FOR THE COURT TO TAKE JURISDICTION IN ARIZONA.
3. The child is in Arizona and has been abandoned, or is in need of emergency protection or care.
4. No other state has jurisdiction, or another state has declined to proceed, having found Arizona is a more appropriate place for the matter to be tried, and it is in the best interests for Arizona to jurisdiction. (This might be where one parent tried to move the matter to another state, and the other parent appeared and convinced the court that if the matter is to be moved from the original state, it would be better for it to be in
Arizona.
As you can see, just being in the state does not always mean that Arizona will take jurisdiction. However, it is helpful. As is usually in matters dealing with children in Arizona, the court will consider what is in the best interests of the child.
For specifics for states other than Arizona, please check the laws of those state. It is likely that there are similar provisions in their codes so that jurisdiction can be transferred.
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