Q: I have full physical custody & 50% legal in California I moved to Arizona 2 yrs ago can I open a case in az?
1 child moved here already mom won’t allow second child to move
A: You may be able to do so. You would need to "domesticate the judgment." I recommend you contact an experienced family law attorney to discuss the matter further.
If Mom and the second child remain in California, California will retain jurisdiction over both children if the previous order was issued by a California court. It is almost impossible to get a state to give up jurisdiction over a case if either parent or any child remains in the state where the order was issued.
Interstate custody disputes are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) which has been adopted by all fifty states. Most family court judges have a poor understanding of the UCCJEA, let alone most family law attorneys. If you are going to even attempt to get Arizona jurisdiction (which I would not advise if I were giving legal advice to a client with similar facts), you should make sure you hire an attorney who is intimately familiar with the UCCJEA; preferably an attorney licensed in both AZ and CA.
Stephen M Vincent agrees with this answer
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