Child Custody

questions & answers

Question: If a parent is in the military and their legal state of residence is Arizona, and so was the spouses and children at time of filing, wouldn't that give Arizona jurisdiction for child custody? Even if neither person had lived in Arizona for the past 11 yrs? Parent filing at the time was stationed overseas, but has since moved back to the states. The other parent (who has the children) resides in Kentucky, but at the time was not a legal resident of Kentucky.

Answer:

Keep in mind that family law is a particularly complicated area of the law. Having one party in the military might add additional complications depending on the circumstances and the relationship with the parties. You may want to consult with an attorney for the child custody matter. See the "Where to find an Attorney for Specific Legal Advice" article on this website.

As an example of the requirements for filing child custody in the state of Arizona, take a look at the forms that are available on the Maricopa County Superior Court's webpage. These forms assume that the father has already established paternity of the child. You may want to pay special attention to the requirement for this paperwork that states, "The minor child(ren) resided (lived) in Arizona at least 6 months before you file the petition or you talked to a lawyer who advised you that even so you could pursue the case in Arizona."

Again, since child custody cases can at times be complicated, you may want to speak directly with an attorney to find out detailed advice for your specific situation. This answer is supplied to offer general legal information only. 

QUESTIONS

  • If a parent is in the military and their legal state of residence is Arizona, and so was the spouses and children at time of filing, wouldn't that give Arizona jurisdiction for child custody? Even if neither person had lived in Arizona for the past 11 yrs? Parent filing at the time was stationed overseas, but has since moved back to the states. The other parent (who has the children) resides in Kentucky, but at the time was not a legal resident of Kentucky.

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