Legal Question in Family Law in Arizona

Jurisdiction Q help needed asap

I am a single mother thus never married. Father never petitioned for custody or visitation. Paternity was established and child support ordered in Aa in 1994.

My Daughter's father lives in Tn. While my daughter was in Tn in 02-2002, father petitioned the court for emergency temp.custody claiming that I am unfit, as the statute requires. I filed a Motion to Continue, specifically stating that I do not waive personal jurisdiction. At the 3 day hearing father was awarded temporary custody. Az is the home state of my daughter and is clearly the most convenient forum. We have no significant ties to Tn and witnesses, etc are not available in Tn. I am filing a Motion to Quash and Dismiss in Tn siting the uccjea, the pkpa, and various Tn cases.

At this point I am faced with fighting a bogus claim across state lines against a father who has essentially been absent from my daughter�s life. The last time she visited him was in 06-2000, which I paid for. Father has also refused any visitation since. Please help!

My question is what do I need to do, say or file here in Az to ask the judge to retain jurisdiction? Do I file for custody here or file a Motion to Retain Jurisdiction?


Asked on 4/18/02, 10:27 pm

1 Answer from Attorneys
Rich Peters R. J. Peters & Assoc., P.C.

Re: Jurisdiction Q help needed asap

In Arizona, there are a few different options as to what to file. I guess the first, if you sought no other remedies OTHER than having HIS case moved here, would be to file a MOTION TO CONDUCT UCCJEA CONFERENCE. Under the UCCJEA, the Judges in both states are obligated to talk, and reach an agreement as to which state ought to continue with jurisdiction.

I can explain the procedures better by phone or in person. There is too much to cover via e'mail (and I am not the greatest typist). We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

Read more
Answered on 4/19/02, 11:22 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Arizona