Legal Question in Family Law in Arizona

My fiance's ex-wife has been moving around from state to state with their 2 year old daughter. In the past year she has lived in Oregon, California, and Idaho. My fiance and I live in Arizona. His ex informed us last night that she is now living in Florida with the child. Can be considered kidnapping? There is no custody established through the courts. Also what actions need to be taken to start a custody case? We aren't sure which state has jurisdiction because his ex moves around every couple of months.


Asked on 2/17/10, 8:31 am

1 Answer from Attorneys
Joan Bundy Joan Bundy Law

No, there is no kidnapping if there is no paternity established. This will be difficult because the court that has jurisdiction is usually the one where the child has resided for the immediately preceding 90 days or so. You could try bringing an action in Arizona to at least establish paternity in your fiance and then go from there. Good luck!

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Answered on 2/22/10, 9:06 am


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