Change of Jurisdiction and Custody

[iLUVmySD]

My husband and I live in Arizona, however, the commencement of the case happened in Nevada.
Here's the history...

My SD was born and the BM handed her to my husband and didn't barely even see her daughter for 1 year. Then the BM files for custody of her daughter 1 year after she was born, and wins, but the BM still leaves my SD with my husband (of course still collecting child support) until he moved to Arizona to be with me. That's when she finally takes care of her daughter...at 1.5 years old. Since then we have seen her rather irregularly for varying periods, up to three months at a time. (My husband and the BM were never married, so my husband got screwed in the custody arrangement - he didn't get any rights whatsoever even though he was taking care of her for her whole life up to that point!)

Now my SD is 4 going on 5 in Nov....

The BM got a new job with the State of Nevada, thereby forfeiting her $16,000 a year in state support (rent, food, daycare, etc.) (She also has 2 other children, B15 & G7.)  And so she calls up my husband and says that she can't pay for my SD's daycare so we'll have to take her for an indefinite period of time. So, of course, we jump at the chance and pay for her and an escort to fly down to Arizona.

Now we are hoping to have her for at least 6 months so we can maybe change the jurisdiction to Arizona and get full custody of my SD. And though the six month mark isn't going to happen until February, I want to feel out this new territory before we jump in head first.

My question is that I know the jurisdiction law says that Nevada has to release jurisdiction before Arizona can modify an existing custody order.  Does anyone know what the process is for getting a state to release jurisdiction? What paperwork needs to be filed, etc?

[Lawmoe]

You must file a moption for custody in the original state based on the fact that the child has been intergrated into your home with the other parent's consent.  Save all corresppondence in that regard and if you have non--get it.  As part of that same motion you must seek to change jurisdiction to your state. It cannot happen until you are awarded custody.

[iLUVmySD]

I asked the same question to Soc. and he said the opposite.  All I need to do is file a modification in Arizona, and this court will contact the Nevada court to get them to release jurisdiction.  Do you have specific experience in this area, to lead you to have this opinion?  Or should I take Soc's advice over yours?

[Forthelittleones]

How long was the child in Nevada?  That is the key question.  If she had lived in Nevada for longer than 6 months then you need to establish Jurisdiction in your state.  If less than 6 months, she never was a resident of Nevada.

[iLUVmySD]

She was born in Nevada and has lived there most of her life.  As her BM cannot take care of her, we are sure that we will have her for at least six months in Arizona which will give us the grounds to change jurisdiction from Nevada to Arizona.  And if we can do that, there is not a very good chance that the BM will not even make the trip down here to the court hearing.
Also as a side note: At the end of this year she will have lived with us in Arizona for over half the year, and yet we are still required to pay the BM her monthly CS.  (She was here from March-May.  And she got here at the beginning of August.)

[Lawmoe]

That is possible.  Every state has their own procedure.  

I have heard that in somse states, simply filing a certified copy of the Order in a new state results in a request to change jurisdiction.