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View Full Version : Jurisdiction for support & visitation-AZ or OK?


capprice321
06-17-2005, 12:42 PM
Since the divorce, I have moved to AZ with my two sons and he has moved to LA. The original divorce decree was finalized in Oklahoma. He is filing for a modification of visitation and child support. I am remarried and have been a resident of AZ for almost two years now.

I did not file a modification of original visitation because he has not shown an interest in visitation. Now that his wages are being garnished for current child support ($847/mo.) and he has been served court documents to make payment arrangements on the arrearage ($19,000), he is actively pursuing his standard visitation. He has requested them for the entire summer, although the current visitation states 4 weeks.

The children are 9 and 7 and have not seen him since he moved out of state in OK and left for LA. I am more upset about the visitation than the modification of child support.

Which state has jurisdiction to make decisions on the proposed modifications in visitation and child support? Oklahoma or Louisiana or Arizona? Will I be required to attend a hearing in Louisiana or Oklahoma?

Thank you in advance for your reply.

elklaw
06-18-2005, 09:16 PM
Usually, you need to go back to the court that set the support and visitation order. If you want the case to be heard in AZ, you need to make sure that the OK court is willing to give up jurisdiction to AZ and that AZ is willing to accept jurisdiction. On a practical note, if you are afraid for the children to see their father after such a long time, go to court and seek an order to modify visitation and for approval to block summer visitation with a father they have not had contact with, but could have. You need to explain how not spending that amount of time with the children has amounted to neglect and that it would be unsafe and improper for you to turn the kids loose to go see a man who has paid them no attention for two years. Maybe suggest that he come see the kids where they live with you in an effort at reunification, but not sending them away without you there.

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