Legal Question in Family Law in Arizona
Because of a nine year abusive relationship i left my boyfriend in Texas and moved to Arizona. Do i need to live in Arizona for 90 days before filing for custody of my children?
3 Answers from Attorneys
Generally speaking, the children must be in the state for six months before Arizona is considered their "home state" for purposes of jurisdiction. If less than six months has passed, you can still file the action in TX, but because I am not familiar with the laws there, I can't tell you whether doing so would be advantageous to you. If there is an "emergency" as defined by the statute, you may be able to file in AZ before the six months has passed. I recommend you consult with an attorney to discuss this matter in greater detail so you can determine your best course of action.
It appears that you might need to file a Petition to Establish paternity. Are the children with you in Arizona... If they have been here for 6 months, Arizona may have jurisdiction over them. Call us if you need help. 602 462 1004
I would need to know more to answer this juridictional question. IN SOME EMERGENCY INSTANCES, you could file now. Otherwise, Arizona can be considered their "home state" after they have lived here for 6 months. However, even then there is more to discuss.
We can certainly help you consider and then pursue your options.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Alicia or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/Rich J. Peters
Attorney at Law
1422 N. 2nd Street Suite 100
Phoenix, Arizona 85004
(602)254-7251
Fax (602)254-1229
www.familylawaz.com