Child Custody Jurisdiction Transfer

Summary

Transferring child custody jurisdiction from Washington to Arizona may be necessary due to your current residence and ongoing custody issues. Consider filing an emergency motion for temporary custody in Arizona to address immediate safety concerns. Document all instances of contempt and non-compliance by your ex-husband. Seek legal assistance from organizations like Community Legal Services in Maricopa County for guidance. Filing a motion to transfer jurisdiction typically takes 30-60 days, while emergency motions can be processed more quickly. Prioritize your childs safety by requesting expedited processing and protective orders if needed.

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My ex-husband has been found in contempt * times within 2 years from the beginning of our divorce order and custody. He has crossed state lines with my child multiple times, then sought out an emergency order when I had my child in Arizona during my rightful summer break which included court-ordered make up time. The last time I seen my child or heard from her was July 4th, *. She is now 9 years old and attending a school in Surprise, Arizona. My exhusband and I and our child all live in Maricopa County, Arizona now, our jurisdiction is still Pierce County, Washington. The school that she attends is only willing to follow the standing final temporary order which gives me * hours supervised time on Saturdays, and they are barring me access to see my child but I am allowed a parent portal. They continue to purge me from the parent portal. I requested my child's enrollment records and there is no parent or guardian signature provided on the final paperwork but the school principal and admin contacted me today via phone to tell me that they allowed his girlfriend to sign the documents because they have shared biological children and only in person did my ex-husband provide his id to prove that he is the legal parent. The admin and principal both claim to have no knowledge of the restraining order that is on file, which is expired. They stopped me from seeing my child on school premises the day after her birthday. The school hung up on me when clarifying under no circumstances do I want to know about the other shared biological children of my ex-husband or his girlfriend and that we should only discuss my child and the hindrances. I explained that this seems like a district issue and I just wanted documented clarity since our original parenting plan is being brought into court by the child support division of Washington, and the stipulations have the school's schedule and site as the exchange. They were very unhappy with me and hung up on me. I feel as if my rights are being violated and I do not know which state to appeal to first with a motion of enforcement or custody modification because we've lived in Arizona for at least 2 years, Washington just hasn't relinquished jurisdiction. I do not want to have to wait for that, and I do not want the temporary order that was put in place in October of * to stand as it asks for a 2nd parenting evaluation and he had to agree to a new evaluator but he has been refusing communication via the court ordered app, and he ignored the first parenting evaluation recommendations. the documents claim i need restrictions on parenting and that is unfounded.
Hello ****,
I'm really sorry to hear about your difficult situation. Given that you've lived in Arizona for over two years, you might consider filing a motion to transfer jurisdiction from Washington to Arizona. Here are some steps you might take:
- **Consult with a family law attorney** in Arizona to discuss transferring jurisdiction.
- **File a motion** in Washington to request the transfer to Arizona, explaining your residence and the child's current situation.
- **Document violations** by your ex-husband and the school's non-compliance with court orders.
Would you like information on how to find legal assistance in Maricopa County?
Legal assistance in Maricopa County willing to deal with this type of case interstate with a payment plan or at a low cost is close to impossible. I cannot trust this to go pro-se but I feel like the longer I wait the longer I look like a parent that abandoned her child when really legally they have tied my hands and used abusive uses of conflict and legal coercive abuse to withhold my child and violate orders that schools and police do not understand, my exhusband doesn't respect and do not protect me or my child from a known abuser and contemptuous individual. If there is a simpler way to transfer jurisdiction or a quicker emergency situation that will trigger a pro-bono attorney to take this case or a pathway that assists parents who have been dragged from state to state seeking the right arena to present their case. Please give me something I can do starting either tomorrow on Saturday, or first thing Monday Morning. I need to see my child by Thanksgiving and have make up time ordered by Winter Break.
Hi ****,
I'm sorry to hear about your situation. Here are some immediate steps you can consider:
- **File an Emergency Motion:** In Arizona, file an emergency motion for temporary custody to address immediate concerns.
- **Seek Pro Bono Legal Help:** Contact organizations like Community Legal Services in Maricopa County.

Community Legal Services, Central Phoenix/Maricopa County


Phone: (*) *-*
Address: * South 2nd Avenue, Phoenix, AZ *
Website: www.clsaz.org

- **Gather Documentation:** Collect all evidence of contempt, non-compliance, and your attempts to follow the court orders.
Would you like more information on how to file an emergency motion?
If you give me information on filing an emergency motion, I would like you to be extremely specific about the case information and evidence that I will need to have to sway a judge with no bias or prejudice against me for my mental health history or criminal history. It needs to be obvious that due to PTSD from a tragically traumatic marriage and divorce, compiled with the extensive legal abuse and withholding of my child seemingly have been drawn out and used against me. A child's best interest have not been prioritized and her development has been hindered due to the father's lack of compliance with court orders, parenting times or any cooperation in any direction... It is clearly hostile and unlawful to behave this way and I need it to be clearly seen that If he is not punished or asked to recompense me for this time loss, I will have to escalate this issue, causing further harm to our child. Legally I have expended a hefty sum, and I am being asked to continue which is essentially holding my child hostage for the legal ability to defend her and protect her from someone who has clearly stated "they do not wish to abide by the court of law in this matter"
Hi ****,
I understand the urgency and complexity of your situation. When filing an emergency motion for temporary custody in Arizona, here are crucial steps and information to include:
*. **Case Information**:
- Details of the current custody order from Washington.
- Documentation of your and your child's residence in Arizona for over 2 years.
*. **Evidence Collection**:
- Proof of ex-husband’s contempt (court records, police reports).
- Communication records showing non-compliance (emails, text messages, court-ordered app messages).
- School records demonstrating non-compliance and unauthorized actions.
- Evidence of your attempts to follow court orders and communicate with the school and ex-husband.
*. **Highlighting Child’s Best Interest**:
- Document any negative impacts on your child’s development and well-being due to the father’s actions.
- Provide any professional evaluations or testimonies supporting your claims (e.g., from therapists, teachers).
*. **Mental Health and Criminal History**:
- Address your PTSD and any other mental health history proactively, showing how you have sought treatment and its impact on your parenting.
- If applicable, provide evidence of your rehabilitation or steps taken to address any past criminal issues.
*.
what's number *
Hi ****,
Number * was going to provide additional steps to strengthen your motion. Here it is:
*. **Legal Representation**:
- **Seek Pro Bono or Low-Cost Legal Aid**: Continue reaching out to organizations like Community Legal Services.
- **Consider Mediation**: If possible, propose mediation as a step to resolve conflicts amicably.
Would you like more information on any of the previous points or additional assistance?
If I ask Washington to Relinquish jurisdiction how long will it take to file a petition to modify custody based on the current tenuous and unsafe circumstances between my ex-husband and I. I have had concerns of assault, domestic violence and harassment, school enrollment issues, abuse witnessed against my child but not recorded or filed, suspected child abuse in * where she required surgery and no investigation was put in place, years of contempt and * actual findings of contempt.
Hi ****,
Given the urgency of your situation, here's a brief overview of the steps and estimated timeline for transferring jurisdiction and filing for custody modification:
*. **File Motion to Transfer Jurisdiction in Washington:**
- **Timeline:** Typically *-60 days, depending on the court's schedule and response time.
*. **File Emergency Motion for Temporary Custody in Arizona:**
- **Timeline:** Can be processed within days to a few weeks, depending on urgency and evidence presented.
Would you like more detailed steps on either of these processes?
how would I do these prioritizing the safety of my child over the timeliness of the court.
Hi ****,
To prioritize your child's safety over court timeliness, follow these steps:
*. **File an Emergency Motion for Temporary Custody in Arizona:**
- Highlight immediate safety concerns and present strong evidence.
- Request expedited processing due to the urgency.
*. **Seek Immediate Protective Orders:**
- File for a protective order in Arizona if there is immediate danger.
Would you like more details on filing these motions?