Legal Question in Family Law in Ohio
Help about jurisdiction?
I now live in Arizona,as of 10 months ago and my ex-wife/son still lives in Ohio, our son , who is 13 is coming out to live with me in July 07 until he graduates from high school, we are drawing up an agreed order and would like it explained clearly what are the laws about jurisdiction rights of each state. Could you direct us to the section of Family Code law(i.e. Ohio Revised Code or Arizona's Code). It is my understanding that after my son would live here w/ me in AZ for 6+ months then I/we have the right to petition the Ohio courts to change jurisdiction to what will be the child's home state. Could you please advise if this is correct? Ohio currently has jurisdiction over our orders due to this is still the Mother's home state and until 10 months ago was also mine. Thank you for your time.
2 Answers from Attorneys
Re: Help about jurisdiction?
The issue is governed by the Uniform Child Custody Jurisdiction and Enforcement Act. 6 months living in Arizona does make Arizona the children's "home state", but this is only one factor of many for continuned jurisdiction issues.
We can absolutely help.
I can explain the jurisdictional issues and procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. 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 Alicia or my paralegal Jennifer to schedule a free 1/2 hour consultation.
/s/ Rich J. Peters, Attorney
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R. J. PETERS & 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
Re: Help about jurisdiction?
Look to Chapter 25 of AZ revised statutes. The uniform act applies to both states. After 6 months, jurisdiction generally changes..typically follows the child. However, you two can reach an agreement jurisdiction changes now if you want. If you want to file anything in AZ, you will need certified copies of all previous orders and then to file a Notice of Filing of Foreign Judgment here in order to have the State provide a case number.
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