Child Custody

questions & answers

Question: My daughter's father and I have a custody agreement signed in Oklahoma where I resided. He lives in Arizona and I have now moved to Arizona. He states that the agreement from Oklahoma is no longer binding because of jurisdictional issues. I state that it is still a valid agreement. Is he correct?

Answer: Normally, a custody agreement signed in one state is valid in the next state of residence until one of the parties requests a change in jurisdiction.  Along with most other states in the U.S., Arizona has adopted the Uniform Child Custody Jurisdiction and Enforcement Act.  Section 202 of the Act states that the state that made the custody determination has continuous ongoing jurisdiction over the case until one of several things happens:  (1) a court in the original state (Oklahoma) decides that the child and at least one parent no longer live in the state; or (2) the child and at least one parent no longer have a significant connection with Oklahoma so that Oklahoma no longer has a significant stake in the welfare of the child; or (3)  the court decides it does not have continuing jurisdiction.  Basically, one of you must file something in either the Oklahoma or Arizona court asking to transfer jurisdiction to Arizona.  

QUESTIONS

  • My daughter's father and I have a custody agreement signed in Oklahoma where I resided. He lives in Arizona and I have now moved to Arizona. He states that the agreement from Oklahoma is no longer binding because of jurisdictional issues. I state that it is still a valid agreement. Is he correct?

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