QUESTION

Can a different state have jurisdiction on an existing case?

Asked on Aug 09th, 2013 on Child Custody - Arizona
More details to this question:
I divorced in the US, Arizona, and had a joint custody order entered for the children. When I relocated overseas for work, the AZ court deferred jurisdiction to Italy, I have lived in Italy for 4 and a half years with the kids. The local financial crisis is seriously making me consider moving back to the US, it's been just too difficult to find work. My question is, once the original AZ court deferred jurisdiction to another country, and I move from that country back to the US, would jurisdiction go back to the AZ court automatically, or does jurisdiction once relinquished go to whatever other state I move to, wherever I find a job, and establish residency? In other words, am I free to move anywhere in the US once I make the decision to go, or do I have to move back to the same state I left when I moved to Italy? Please let me know. Thank you.
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1 ANSWER

The answer to your question in part hinges on whether or not the other biological parent remains in Arizona. If that parent does not reside in Arizona, then there would be no basis for Arizona to again assume jurisdiction. However, if that parent remains in Arizona there is at least an argument that jurisdiction should be returned to the Arizona court.
Answered on Aug 12th, 2013 at 11:53 AM

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