Feb..2011 wife took off with kids from home in AZ to cousin''s in CA. Husband gave up home and followed wife a few weeks later. They then resided in

If Wife has not filed in any other state, Husband can file for divorce in AZ in December 2011.  There are two different issues with jurisdiction when there is a divorce involving children.  First, you have to be a resident of Arizona for 90 before you can file for a divorce, with or without children.  This confers the court's jurisdiction ("power") over the parties to split up community property and debts.  Second, in order for Arizona to have jurisdiction ("power") to determine legal and physical custody, the children must be residing in Arizona for last six months of the proceeding twelve months.  Even though the children were in CA from February 2011 until July 2011, this was not enough time (six months), to give CA power over the children.  The combination of pre-February 2011 and after July 2011, gives AZ the jurisdiction over the children to make custody determinations.  If Wife has filed for custody in another state, this may take away jurisdiction from AZ to make decisions. Provided that no other court has made a child custody decision, AZ can make it and it can all be completed in one filing a Petition for Dissolution.   *This answer is merely advisory in nature.  It does not confer an attorney-client relationship between Laura B. Monte, Esq. or Donaldson Stewart, P.C. and the question presenter.* *Laura B. Monte, Esq. is NOT a certified specialist in the area of Family Law and is only licensed to practice law in the State of Arizona*