If you and your spouse were divorced years ago in another state, and you have since moved to Arizona with the children, it can be difficult to coordinate a parenting time schedule. Shuttling kids back and forth regularly between states is not only convenient, but it is unrealistic. But ensuring that parents and children have opportunities to spend time together is important.
Here is how Arizona law typically handles out of state parenting time issues:
Jurisdiction Over Parenting Time Schedules
When Arizona is a child’s home state — meaning the child has resided in Arizona for six months with his or her parent prior to the commencement of an action — it may choose to take jurisdiction of the case to modify an out of state parenting order. In fact, if Arizona is a more convenient forum than the original state for litigation purposes, it is likely that Arizona will take jurisdiction over the parenting matters in your case.
How Arizona Courts Decide Which State Is More Convenient
In determining which state will be more “convenient”, Arizona courts will evaluate things like the distance between the states, the length of time the child has resided in Arizona, and where the most evidence exists that is required to resolve the litigation. Evidence could be things like school records, medical records, and similar facts.
Filing for a Modification of Parenting Time
In order to file to modify parenting time, you will have to register your out of state orders with the court here. What is also important to note is that, if your spouse no longer lives in the state in which you were divorced, Arizona would take jurisdiction of the parenting issues without doing a “convenient forum” analysis.
Contact us at Hallier Lawrence for more information and help to modify out-of-state parenting time schedules.