custody state jurisdiction

[rstemen]

My granddaughter was born in Arizona, her mother moved to Ohio at 3 weeks after birth. In a preliminary custody hearing, the judge ordered the mother back to Arizona until final hearing.

My question is, does Arizona have jurisdiction?

The father has lived and worked in Arizona for the past 3 years. He is originally from Illinois. His drivers lisense and vehicle registration are still from Illinois. I believe he still maintains Illinois residency in regards to taxes. His mother, father, and sister remain in Illinois.

The mother is originally from Ohio and moved to Arizona 2 years ago to stay with her mother. She has not set residency in Arizona other than getting a Arizona drivers license. She moved to Ohio at the childs age 3 weeks and was living and working there for the past 4 months. The child is now 5 months old. The mother was living with her sister in a co-leased apartment that is 1/2 mile from her mothers home. She moved primarily because her mother moved from Arizona back to Ohio. All of her close relatives live in Ohio.

The reason for my question is: would it be worth while to attempt to have an Ohio attorney request Ohio as the child's home state? The final custody hearing is in 6 weeks and the mother has no desire to live in Arizona, where she has no job or help from relatives.

 

[LdiJ]

My granddaughter was born in Arizona, her mother moved to Ohio at 3 weeks after birth. In a preliminary custody hearing, the judge ordered the mother back to Arizona until final hearing.

My question is, does Arizona have jurisdiction?

The father has lived and worked in Arizona for the past 3 years. He is originally from Illinois. His drivers lisense and vehicle registration are still from Illinois. I believe he still maintains Illinois residency in regards to taxes. His mother, father, and sister remain in Illinois.

The mother is originally from Ohio and moved to Arizona 2 years ago to stay with her mother. She has not set residency in Arizona other than getting a Arizona drivers license. She moved to Ohio at the childs age 3 weeks and was living and working there for the past 4 months. The child is now 5 months old. The mother was living with her sister in a co-leased apartment that is 1/2 mile from her mothers home. She moved primarily because her mother moved from Arizona back to Ohio. All of her close relatives live in Ohio.

The reason for my question is: would it be worth while to attempt to have an Ohio attorney request Ohio as the child's home state? The final custody hearing is in 6 weeks and the mother has no desire to live in Arizona, where she has no job or help from relatives.

Arizona has jurisdiction. Both parents lived in AZ for at least six months before the baby was born and the baby was born in AZ. Mom was not in Ohio long enough to re-establish residency before dad filed in AZ. (six months is required).

The case is going to be settled in AZ, but that not a 100% guarantee that the judge will require mom and the child to reside in AZ. There is at least some small chance that the judge will grant her permission to relocate to OH with the child.

 

[rstemen]

Thanks LdiJ,
Not what I wanted to hear, but I appreciate your opinions. I was hoping that Arizona would not recognize mother or father as Arizona residents...

 

[LdiJ]

Thanks LdiJ,
Not what I wanted to hear, but I appreciate your opinions. I was hoping that Arizona would not recognize mother or father as Arizona residents...

In this instance it has to do with where they have been physically present. Not where they have driver's licenses, vote or even pay taxes.

Now, there is one exception that I didn't think about. If dad is military and kept OH as his home state of residency, then a good attorney might be able to work with that to some extent....however that attorney really should have been hired and made that arguement BEFORE mom was ordered to return to AZ.

 

[Proserpina]

In this instance it has to do with where they have been physically present. Not where they have driver's licenses, vote or even pay taxes.

Now, there is one exception that I didn't think about. If dad is military and kept OH as his home state of residency, then a good attorney might be able to work with that to some extent....however that attorney really should have been hired and made that arguement BEFORE mom was ordered to return to AZ.

That's actually a really good point.

I hope OP comes back to read the post.

 

[stealth2]

In this instance it has to do with where they have been physically present. Not where they have driver's licenses, vote or even pay taxes.

Now, there is one exception that I didn't think about. If dad is military and kept OH as his home state of residency, then a good attorney might be able to work with that to some extent....however that attorney really should have been hired and made that arguement BEFORE mom was ordered to return to AZ.

Dad is from IL; Mom is from OH.

 

[LdiJ]

Dad is from IL; Mom is from OH.

I missed that...thanks for pointing it out.