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  1. #1
    Join Date
    Mar 2006
    Location
    az
    Posts
    2

    Default nothing filed, can i move to another state

    My husband and I haven't filed for divorce or even separation. He's brought it up a couple of times. My question is we currently live in az with plans to move to nevada in April. He assumes I'm going with him. Can I take my son to California instead and file seperation and custody, without Arizona being the "home state"?

    If we both move on the same day neither can file in AZ or claim it as the home state, correct? We don't have significant connections with either I don't think. His brother lives in NV and his father in CA also my uncle is in Ca. My son would receive more options for treatment of high functioning autism in Ca. But I'm assuming none of those would be considered significant connections.

    I am not trying to prevent my husband from seeing my son. I'm willing to fly with him 2 weekends a month so he can see him. its only a 1 hour flight.

    There isn't any emergency so I'm hoping Ca would be default jurisdiction??

    Also what is needed for my husband not to claim temporary absense? We've never discussed returning to az from nv. It is a slight possibility he would transfer to Ca in a year or so though.


    I'm also a stay at home mom and will continue to be afterwards, will that make custody most likely to be awarded to me? I've been reading several cases and it seems in most of them the father was granted custody.



    Any help appreciated

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    Unless he consents to jurisdiction in California, Arizona would normally continue to have jurisdiction over child custody matters for six months.

  3. #3
    Join Date
    Mar 2006
    Location
    az
    Posts
    2

    Default

    thank you for the response, do you know why az would be considered home state with neither of us living here?

    or is it always where the child resided the previous 6 months regardless?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    Under the UCCJEA, it ordinarily takes six months for a child's domicile to be established in a new state. Although simultaneous abandonment of the former state of domicile with no intent to return would potentially complicate things.
    Quote Quoting California Statutes - Family Code, Section 3402(g)
    "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.

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