questions & answers

Question: My ex relocated to AZ. I have never left CA. She is trying to get permission to modify our custody agreement in AZ, document says if one party lives in another state and never left AZ may not have power to change. Please inform me of where that rule is and how to cite it in a court document. Thank you

Answer: If your divorce decree was entered in California, California has continuing jurisdiction until California agrees to release it.  Arizona is one of the signers of the Uniform Child Custody Jurisdiction and Enforcement Act.  Section 202 of the Act states that a state that has made a child custody determination continues to have jurisdiction over the case until the state decides it no longer has significant contacts with at least one parent and the child.  Until California releases jurisdiction over the case, it cannot be heard in Arizona.  If your ex has filed a motion to change jurisdiction to Arizona in the California Court, you have the right to object and file a response.