Archive for November, 2010

ARIZONA ATTORNEY DISCUSSES JURISDICTION IN CUSTODY CASES

Sunday, November 28th, 2010

ARIZONA ATTORNEY DISCUSSES JURISDICTION IN CUSTODY CASES:

 

One issue that often arises in family law court cases is the question as to which state court has jurisdiction over the case. 

Initially, most states follow the Uniform Child Custody Jurisdiction and Enforcement Act, (known as the UCCJEA), which requires that a Court  make a finding that it is the home state of the child or children.  This is most commonly found by showing that the child or children resided in the state for at least 6 months before the case was filed.  There are other exceptions and ways to qualify.

Once a Court has taken jurisdiction and entered orders in a case, that court continues to have jurisdiction so long as either parent continues to reside in that state.  If both parents and the children move out of the state, a new state may acquire jurisdiction.  With this rule also, there are exceptions and nuances which an attorney can assist you with.

If you have questions regarding jurisdictional issues, or other custody issues, please feel free to call McGuire Gardner at 800 899-2730, for your free initial telephonic consultation to discuss your case.