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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37075
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Arizona child custody. i am in oregon,my baby is 7 months

Resolved Question:

Arizona child custody.
i am in oregon,my baby is 7 months how will the visitation be arranged since his dad in Arizona
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. I will do my best to assist you with your concerns. If you would like me to clarify my answer, I will be happy to do so.

Until and if you or your child's father file in court for specific visitation decrees, both of you are deemed under law to have exactly co-equal custodial rights and visitation. What that means is legally you OR your child's father can care for the child and make legal decisions. It also means that either of you can withhold access to the child from the other parent until a court order is obtained because the current rights are co-equal for both of you. In essence you can choose to not grant any access to the father until he obtains a court order.

Having said that the courts tend to be very unwilling to grant overnight visits to infants and toddlers. If the child is solely with you, until the child is 3 it is highly unlikely that the courts would grant anything more than supervised visitation where you reside, and it is almost certain they will not permit overnight visits that far out of your state.

Good luck.


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Customer: replied 2 years ago.
i have also filed for child support initially but Oregon child support office is not proceeding at this time because they heard about the father's private petition in AZ regarding custody and child support. What are the chances that i will get full custody? and me getting child support?
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up, Myra.

My apologies but without knowing the full facts I really cannot answer you accurately about your chances. What I can state is that the courts tend to look at 'fitness' of both parents, specifically factors such as a history of abuse, neglect, domestic violence, drug use, alcohol abuse, mental illness, criminal record/history/parole/probation, or moral turpitude. If you can show yourself as being more 'fit', then your chances improve, although the courts tend to prefer that custody be shared if both parents wish to be involved in the child's life. Then, based on what manner of custody is granted, that will affect whether or not you can pursue support--if you obtain custodial rights, then you would be able to pursue support.

Good luck.
Customer: replied 2 years ago.
is the amount of child support affected by the visitation rights that is granted by court?
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up.

Yes, to some extent child support is affected by factors such as income of both parents and by percentage of custody or visitation granted to the non-custodial parent (the parent that does not have the child usually). The greater the custody for the custodial parent, the more of a percentage the non-custodial parent generally pays, and why it is not always easy to estimate what possible support may be unless of course one party has full custodial rights, and the other party has none.

Good luck.
Customer: replied 2 years ago.
can i ask you another question.?
when i left AZ, i took most of our stuff at home like most appliances etc but all of those are paid by my self, and he said that he filed a police report about it.i haven't heard any from the police at all. does that mean that no report has been filed? or he is just scaring me
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up, Myra.

I would be happy to assist but I would ask that you post that question separately since that question is not related to the child support situation. While I would be glad to respond, JustAnswer has a policy of one question per post, and the question you are posting is not really a follow-up concern to the initial request.

Good luck and take care.
Customer: replied 2 years ago.
sorry about that.
how long does child support case like this gets settled
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up, Myra. Not a problem, truly.

Generally most support cases can get resolved within 3 to 6 months unless one or both parties file for additional motions or seek delays. Pursuing a formal custodial decree if all goes well can take place within 3 months.

Good luck.
Customer: replied 2 years ago.
he filed the petition in Az, me and my child live in oregon.do i need to attend hearings or meetings in AZ, can i file something so things will be settled in oregon?
Expert:  Dimitry K., Esq. replied 2 years ago.
You would need to attend hearings in AZ because that is where he filed. You can file a motion in AZ to request a change of venue to Oregon based on the fact that this is where the child resides, but permitting such a transfer is up to the AZ judge.

Good luck and take care.
Customer: replied 2 years ago.
what will be the judge' s basis in deciding as to transfer the case from AZ to Or or not?
Expert:  Dimitry K., Esq. replied 2 years ago.
Myra,

He will base it on which court has a stronger interest in hearing the case and which courts have a stronger jurisdictional basis. In this situation it is not likely that it will be moved because if the other person filed and you did not contest it right away, then you can be considered as consented to the jurisdiction.

Good luck and kindly rate my answers to you at this time. Thank you.
Customer: replied 2 years ago.
you have answered my questions well actually, can i ask u one last question pls. what are the jurisdictional basis that you are referring to? he lives in AZ for 6 years we just moved here 2 months ago , bu the baby is with me here in OR
Expert:  Dimitry K., Esq. replied 2 years ago.
You are most welcome.

To answer your post directly, the fact that you are only in Oregon for two months means that you have not obtained residency there yet (it takes 6 months). If you resided in AZ, then AZ has jurisdiction over you, your child, and your ex, because you have lived there long enough to obtain residency. That is the ground under which he will demand that AZ courts listen to the case, and that is the reason OR courts will not, because they as yet do not have any jurisdiction over you or the child.

Kindly understand that this question is far beyond the scope of your initial question pertaining to custody. I will answer it, but I will politely decline to answer any other questions as they are far beyond the initial request that you posted.

Good luck and take care.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37075
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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