questions & answers

Question: I am trying to find out where to file custody. My son who is eight years old.has been living with me for 7 years in AZ.About 2 years ago I moved to NY. His father took him. He does not have legal custody of him. I am back in AZ. My quistion is, do i file in NY or in AZ?

Answer: The following is provided for general information only. To find out how the law applies to a specific situation, contact an attorney directly. There is an article on this website entitled “Things You Should Know About Custody and Parenting Time,” and it may be helpful in answering some of the questions you have. Generally, according to Arizona’s Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Arizona has jurisdiction over child custody matters only if the child has lived in the state for the preceding six months before an action is filed. (A.R.S. 25-1031). Arizona courts will also have jurisdiction in a custody matter if an Arizona court had ordered an initial custody determination. It is unclear from the question whether this initial custody determination has taken place.