Hi there, I’m dealing with a child custody case in Arizona, but my child and I live in New York. When can I move the case to New York? Do I need to wait 6 months after moving here? Or do I wait for a big change? Can I move it as soon as the other case is finished?
How can I get this case moved to the state where we live? We’ve been living here for a while now, but not for 6 months when Dad filed the case in Arizona to avoid paying child support. He filed there because he doesn’t want to pay child support, and that’s his main reason.
To change jurisdiction for child custody, you need to understand the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which is a law passed in 49 states in the US.
This law determines which state gets to decide child custody issues and ensures that only one state has jurisdiction over a child custody case at a time.
Under the UCCJEA, jurisdiction is typically granted to the state where the child has lived for the six months preceding the filing of the custody case, with some exceptions for children under six months old.
The court in the original jurisdiction can decline jurisdiction if it finds that another state is more convenient and in the best interest of the child.
Courts can also move jurisdiction to another state if there has been a significant change in circumstances.
In some cases, courts can exercise temporary emergency jurisdiction under the UCCJEA, such as when a child is in danger or needs immediate protection.
This temporary jurisdiction is used to protect the child until the case can be sent back to the original jurisdiction.
You can move your child custody case to New York since you both live there now! Talk to a New York family lawyer ASAP. They can help you transfer the case quickly and ensure fair child support based on New York laws. Don’t wait for the Arizona case to end - you can move it now!