questions & answers

Question: My situation is I live in Minnesota and my ex lives in Arizona. Minnesota ruled to keep jurisdiction there for all support and custody issues. My ex opened a child support case in Arizona, and now because of this my taxes were taken. Is this legal?? I have the MN court order but can Arizona take over??

Answer:

Family law matters are very fact specific, especially issues regarding child support and custody. You may want to begin by referring back to any orders that the family court has issued to you and your ex-spouse. You may want to contact an attorney in Minnesota for detailed legal advice. If you would like to read the Arizona Revised Statues regarding Child Custody and Support, please refer to Title 25 Martial and Domestic Relations. If in the future you decide you need legal assistance in Arizona, please click here for legal aid options.  In Arizona, grandparents can obtain visitation rights. For information on this please read ARS§ 25-409. The court will again look at the best interest of the child in determining grandparent’s rights. If parents are unable to care for a child, a party may petition the court to adjudicate the child as a dependent under A.R.S. § 8-201(13) . At that point, the child may be placed in a temporary home until the Juvenile Court, with input from CPS, determines who should obtain custody.

Once a dependency matter in Juvenile Court is completed, a grandparent can then petition the Family Court for custody, however, the Family Court is likely to give deference to the Juvenile Court and honor the custody decision (if there is one). Grandparents are, however, entitled to visitation rights. The factors the court considers when determining the best interest of the child are listed under A.R.S. § 25-403 and include how well the child will adjust in his environment. The court may consider giving joint custody to maternal and paternal grandparents if it is in the child’s best interest. You may wish to contact an attorney who can assist you with the steps that need to be taken to file for custody and or visitation.