The Question:
I left Ohio with my child to be closer to family and support. My child was born in Ohio, and we’ve been in Arizona for a month. I don’t have support in Ohio outside of the father’s side. I would like to stay in Arizona. What are my chances?
RJ Says:
If your child has not lived in Arizona for the greater part of the last six months, Arizona likely does not have “home state jurisdiction.” That means the case would most likely need to be pursued in Ohio.
That said, I would need to know more. There are other legal theories that may allow Arizona to exercise jurisdiction depending on the specific facts.
If you are able to move forward in Arizona, the court would determine legal decision making and parenting time based on the child’s best interests. In situations involving distance, it is common for one parent to have primary parenting time, with the other parent having a long-distance parenting plan. Which parent that is depends on the statutory factors the court must consider.
Is there any chance the father would agree? Agreements can significantly impact how these cases are resolved.
If no agreement is reached, the court will decide whether to allow the relocation based on the child’s best interests. The burden is on the relocating parent to prove that the move serves those interests. That can be a difficult burden, but it is not impossible.
Jurisdiction and relocation issues are highly fact-specific. An experienced family law attorney can help you determine where your case should be filed and how to approach your situation strategically.
We offer free 30-minute consultations to discuss your matter in detail and develop a plan. Call (602) 256-7575 to schedule your consultation with an experienced Phoenix family law attorney.