What to do if my request for court date was denied, because the mother is in another state and according to my state law, the court has to relinquish jurisdiction before the other state’s courts can get involved?

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What to do if my request for court date was denied, because the mother is in another state and according to my state law, the court has to relinquish jurisdiction before the other state’s courts can get involved?

I hve 2 teenage boys who both live with me now. I currently have custody over one, the other has lived with me for the past 8 months and wants to do so. Mother lives in another state, how do I file a motion to relinquish jurisdiction? Is there a specific form or template that I can use?

Asked on November 24, 2012 under Family Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The way that you file a petition to relinquish jurisdiction of your one child in the court matter venued in another state is for you to file a petition in such state seeking such with the request that you county and state of residence have jurisdiction over your one son.

Given the fact that you will have to file such a petition in another county and state where you reside, I suggest that you retain a family law attorney in such county and state for assistance as opposed to you doing such.

As to forms, your local county law library whould have such forms needed or you can search for such online.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should hire an attorney at this point and not attempt to do this on your own. There is no template per se and this motion will have to be properly crafted to determine if a) jurisdiction could be relinquished and not by you and whether b) you could have sufficient resources to make a successful motion to gain custody over the mother. The court has to make a determination based on the best interests of the children but oftentimes favor the biological parent over the custodial non-parent if there is no indication of harm to those children.


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