Phoenix, AZ asked in Child Custody and Family Law for Arizona

Q: Can I get my custody case moved from Tennessee to where I have lived (Arizona) for almost a year.

My sons father filed for custody 8 months after I left because of the abusive nature he acted around and to me and my son. He said he didn't want pictures or videos or to hear anything about my son. Then he filed for full custody after almost a year. As of now I have full custody because the father is not on the birth certificate. The judge ordered me to be in court in TN in December to establish parentage. Can I get it moved to Arizona and file for a restraining order and order of protection? He has threted me and my family multiple times. I'm not sure what to do here.

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1 Lawyer Answer
Stephen M Vincent
Stephen M Vincent
Answered
  • Divorce Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: Possibly. It depends on whether or not Tennessee has ever issued a Parenting Plan (aka "custody order").

If Tennessee has previously issued a custody order, and if your ex remains in Tennessee, then Tennessee is the state with jurisdiction and only Tennessee will have jurisdiction to hear the case. Tennessee, though, can choose to give up jurisdiction to Arizona, but Arizona would not be able to act until Tennessee does so.

But if, however, this is the first time you and your ex have gone to Court over custody (we call "custody" in Arizona by different terms, "parenting time" and "legal decision-making) of your child, then jurisdiction is determined by which state is your son's home state, i.e., in what state has your son most recently lived for six consecutive months.

If that is the case, I highly recommend consulting with an attorney because getting the case dismissed in Tennessee and accepted in Arizona is very difficult, and you will need an attorney to at least advise you on how to do it.

As for the Order of Protection, that is a separate matter, and a much easier question to answer. Arizona has jurisdiction to issue a protective order, as Arizona may protect the safety of anyone who is within the state. You should, though, consult with an attorney on that as well.

Mike Branum agrees with this answer

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