Q: What’s the chance I get full custody in arizona? Left Ohio with my child to be close to my family for more support.

A: In Arizona, as in other states, child custody decisions are primarily based on the best interests of the child. The fact that you moved to Arizona with the mutual agreement of the child's father and for the purpose of being closer to your family support system can be an important factor in your favor.

However, if the child's father decides to pursue legal action, the court will consider several factors, including the child's relationship with both parents, the child's adjustment to the new environment, and the reasons for relocating. The fact that you are co-parenting well and that the father has access to the child will also be taken into account.

It's important to note that since the child has lived in Ohio for the majority of her life, Ohio may still have jurisdiction over the custody case, depending on specific state laws and the length of time the child has been in Arizona.

If the father initiates legal action, the court might require a detailed plan showing how you intend to facilitate a relationship between the child and her father despite the distance.

You should also consider seeking legal counsel to understand your rights and obligations fully. An attorney can provide guidance specific to your situation, considering both Arizona and Ohio laws.

Remember, every case is unique, and the outcome will depend on various factors specific to your situation. The court's primary concern will be the welfare and best interests of the child in making any custody decisions.

A: If the child has not lived in Arizona for the greater part of the last 6 months, then Arizona does not have “home state jurisdiction”. Currently, the matter would LIKELY have to be pursued in Ohio. I WOULD NEED TO KNOW MORE to determine if there are other theories that would allow Arizona jurisdiction over the child custody matter.

If you are able to litigate in Arizona, one of the two parents would likely be awarded primary parent status with the other parent having a long-distance parenting plan due to the distance between you. Which parent that is would be decided by the Court using factors to determine what is in the child’s best interests. With respect to which state has jurisdiction, I would advise contacting a family lawyer in Arizona such as myself, who gives free consultations.

Is there any chance father wold be willing to agree? Under Arizona law, if no agreements can be reached, the Court will determine whether to allow relocation in accordance with the child's overall best interests. The burden of proving what is in the child's best interests is on the relocating parent. This can be a tough burden, but not impossible.

A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, 1/2 hour consultations, in which your matter can be discussed in detail. That would be a great opportunity to discuss the specifics of your matter and develop a plan. I would encourage you to quickly schedule this free consultation.