Moving case from AZ to UT

Parental Alienation, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

Moving case from AZ to UT

Unread postby azdad2015 » Tue Jan 02, 2018 5:06 pm

Hello, I think I am almost ready to try and move for 50/50 custody (right now we have 70/30 based on long distance rules). The ex and I have been using the Mohave, AZ court system but both of us reside in UT now. My question is a two parter:

1) Is it best to transfer the case to UT from AZ before I start to file for more custody and do everything here.
2) If so, how do I go about getting the case moved before I file for more custody.

Am I even starting at the right place???

Thanks!
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Re: Moving case from AZ to UT

Unread postby Chaos » Tue Jan 02, 2018 5:12 pm

Try this: https://www.utcourts.gov/howto/family/m ... _Chart.pdf

Looks like you need to register the order in Utah first.
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Re: Moving case from AZ to UT

Unread postby azdad2015 » Wed Jan 03, 2018 11:30 am

Thanks. I am trying to be strategic about this. I have got some extra time here and there (just a few nights). I am hoping that you guys can help me strategize moving forward.

Should I ask her directly for 50/50 or just for more time or not at all? (My guess is she is going to say no)
Should I move the case to UT now or wait til I am ready for the custody hearing and do it all at once so I don't give her a heads up?

I plan on filing by April or May.

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Thanks again
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Re: Moving case from AZ to UT

Unread postby Chaos » Wed Jan 03, 2018 1:10 pm

I'd register the order now, but someone else might know a good reason to wait.

I think if you hit the subscribe button it'll email you when someone posts.
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Re: Moving case from AZ to UT

Unread postby Tom Kirkpatrick » Wed Jan 03, 2018 2:32 pm

azdad2015 wrote:.....how do I go about getting the case moved before I file for more custody.
Jurisdiction lies with the county wherein the child resides.

Generally, residency requirement is 6 mos. I presume your child has live in Utah for 6 mos.

My 2¢ - File for Change of Venue and Custody Modification at the same time. You're gonna want an attorney.

azdad2015 wrote:.....right now we have 70/30 based on long distance rules.....
Your move to UT establishes change in circumstance - your long distance parenting plan is no longer appropriate.

But the other component in custody modification is best interest. If you're goal is 50/50, what's your game plan to show best interest??

Think de facto custody. Start slowly: Have you asked your ex for more parenting time??.....perhaps in increments??.....definitely not all at once. If she refuses, keep asking. Document everything in your well-written journal and parenting time tracker. In court, it's incumbent upon you to show mother's pattern of behavior over time.

As you plot your strategy, the thing to remember is that your ex moved to UT to get away from you. As a consequence, you will likely get some resistance from her.

Here's the deal: Just because you moved to UT doesn't guarantee you'll get 50/50 just for the asking. Other than living in UT, you need to have some justification for custody modification. And that justification would be best interest.

Tom
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