Legal Question in Family Law in Arizona

Re: Can a mother with joint costody file for full custody while in another state

Hello, I have received a copy of your posting regarding custody of your son. The quick answer is yes, you can seek full custody of your son. However, being successful is another matter. I am assuming that the original divorce/custody matter was in the State of Arizona and that you have now relocated to Michigan. The Michigan courts will probably defer to the State of Arizona for a ruling if that is the case. Michigan requires, in almost all cases, that the child be in this state for the last 180 days in order for Michigan to have jurisdiction.That means that you would have to petition the Arizona court for full custody. Check with an Arizona attorney.

Re: Can a mother with joint costody file for full custody while in another state

If you cannot reach an agreement, you will need to either initiate mediation or modification proceedings. I would do so sooner rather than later.

I can explain the 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 Audrey to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

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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

Re: Can a mother with joint costody file for full custody while in another state

Good luck, if divorce was in AZ, that is where you will have to litigate this issue. You will have to show the court that the relocation and hence a change in custody is in the best interest of the child. This is not as easy as it sounds. For more info, please contact my office at (248)851-3171.

Re: Can a mother with joint costody file for full custody while in another state

It is going to be a very difficult fight because the court will ask why it was so important to relocate, why the father doesn't have equal rights to see his son, etc. William S. Stern