Q: Jurisdiction challenge, no home state but I started the Parental Suit, now I want to challenge jurisdiction.
Weren't married, moved in together 3.5 months prior to birth. My son was born in Phoenix Az. We met, dated and he was conceived in California. At the time of his birth I was and continue to be a resident of California, mom can be argued that she had residency in AZ because of acceptance of Arizona State Medical Benefits if not a resident of Az at the time then California. I didn't sign birth certificate because her refusal for a dna during pregnancy. At 2 months old took our child to her parents house for a "visit" and or false pretense and never came back. When my son was 5.5 months old, been in Pennsylvania for only 3.5 months I started a Parental Suit against her in PA. Received Interim Orders but still haven't gone to trial. She started a child support suit against me, had a domestic relations hearing, refused their findings and asked for the right to be heard in front of a judge. Now I want to challenge jurisdiction, no jurisdiction explanation or hearing was heard or given.
A:
What an enormous disaster of a jurisdictional issue. Arizona no longer has any jurisdiction over the child because neither you, the child's egg donor, nor the child live in the state. Arizona courts should and most likely would dismiss any case you filed there for lack of jurisdiction.
There is nothing in your post to indicate California could be considered the child's home state at any time. Being conceived there does not count. The child was born in Arizona and it appears lived in Arizona until being taken to Pennsylvania.
Challenging jurisdiction is going to be a waste of your time. Although the child has not been in Pennsylvania for six months, an action was commenced there and orders have been issued. No other state can assert jurisdiction. The Court will likely find that you consented to PA jurisdiction when you chose to file a suit there.
Whatever you do, make getting a DNA test done your first priority. The last thing you want to do is spend thousands of dollars in legal fees before you find out the child is not yours.
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