Father Wins UCCJEA and Arizona Retains Jurisdiction

The client retained us to establish Paternity, Custody, Parenting Time and Child Support. At the time he retained, Mother had falsely accused him of domestic violence, cleaned out his house, and fled Arizona with his son while our client had been detained by police. Upon filing and obtaining a hearing date, Mother thwarted service of the Order to Appear, forcing us to file a Motion for Alternative Means of Service (which the Court granted). After being served, Mother maliciously waited until 1 judicial day prior to the hearing to file a Motion for UCCJEA, which put a stay on the case, and filed a Paternity proceeding in California, in the hopes of moving the case to California, and keep our client from his son for an even longer period of time. At the hearing regarding UCCJEA, Judge Martin found that Arizona is the home state of the minor child, however, Mother then argued that Arizona was an inconvenient forum. Judge Martin then ordered both attorneys to submit Opening Briefs and Responsive Briefs on that issue. After spending countless hours trying to expose Mother’s web of lies and deceit, Heidi Lukacsik submitted impressive Opening and Responsive Briefs, leaving no doubt that not only is Arizona the more appropriate forum, but that Mother’s abhorrent behavior should not be tolerated. On June 16, 2009, Judge Martin found that Arizona is not an inconvenient forum, nor is California a more appropriate forum, and ruled that the case will proceed in Arizona.