The Question:
I left Ohio with my child to be closer to family and support. My child was born in Ohio, and we’ve only 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 what is called “home state jurisdiction.” In that case, the matter would most likely need to be addressed in Ohio.
That said, I would need to know more. There are other legal theories that could allow Arizona to exercise jurisdiction, depending on the specific facts of your situation.
If you are able to proceed in Arizona, the court would determine legal decision-making and parenting time based on the child’s best interests. In long-distance situations, it is common for one parent to have primary parenting time, with the other parent exercising a long-distance parenting plan. Which parent that is depends on a number of statutory factors.
You should also consider whether the father is willing to agree. Agreements between parents can significantly impact how these cases are resolved.
If no agreement is reached, the court will decide whether relocation is appropriate 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 complex and fact-specific. An experienced family law attorney can help you evaluate where your case should be filed and how to position your request to remain in Arizona.
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.