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