Detroit, MI asked in Family Law for Arizona

Q: Can a child custody case originating in michigan be suddenly changed to another jurisdiction?

From detroit,mi to avondale, az

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1 Lawyer Answer
Lenore Tsakanikas
Lenore Tsakanikas
Answered
  • Tucson, AZ
  • Licensed in Arizona

A: Your questions involves intepretation of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which is a complicated statute subjection to interpretation. The simple answer is that Arizona would have jurisdiction if the child is present in Arizona and the child has been abandoned or the child is in danger of mistreatment or abuse (temporary emergency jurisdiction.) Arizona would also have jurisdiction to make a modification of custody if Arizona is the home state of the child six months prior to the commencement of the action in Arizona and either an Arizona or a Michigan court determines that Michigan no longer has jurisdiction. This is a simple answer to a complicated situation in which you need to consult with an attorney regarding the specifics of your particular case. An attorney would obtain information as to circumstances that the state asserted jurisdiction, the residence of all involved,disputed matters,where any evidence would be, etc. An attorney would advise you whether or not you should challenge a chnage of jurisdiction. Arizona's version of the UCCJEA is found in A.R.S. Section 25-1001, et seq. which, again, is a complex statute subject to interpretation, based upon specific facts. Good luck.

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