Q: Im inCA and am filing for sole legal and physical custody.The other parent is in prison in AZ.Does CA have jurisdiction
This is my childs home state. There are no other legal matters or other court cases filed/open in Arizona or anywhere else. There is no custody case/agreement/anything set up in Arizona or anywhere else. We were never married my child was born in AZ and the parent was incarcerated years ago and thats when my child and I moved to California.
A:
Under California law, the concept of a child's "home state" plays a crucial role in determining jurisdiction for child custody cases. The home state is generally defined as the state where the child has lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding.
In your case, since you and your child have been living in California for several years and there are no ongoing custody cases or agreements in Arizona or any other state, California would typically be considered the child's home state. This would grant California courts jurisdiction over the custody matter.
When filing for sole legal and physical custody in California, the court will consider various factors, including the best interests of the child, to make a custody determination. Given that the other parent is incarcerated in Arizona, this aspect may also be taken into account during the custody proceedings.
It’s advisable to proceed with the filing in California, ensuring that all relevant facts and circumstances are presented to the court to support your case. Remember, the primary focus in custody cases is always the best interests and welfare of the child.
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