Welch-Doden v. Roberts

42 P.3d 1166 (2002)

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Nature of the Case

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Facts

P and Terry Welch-Doden (D) were married in Arizona in November 1996. After being unable to secure employment in Arizona, they moved to Oklahoma. Their child was born in Oklahoma on April 28, 1999. The timetable of the child's residence since birth until the filing of the petition is as follows: Oklahoma from birth on April 28, 1999 and for the next seven and one-half months (April 1999 - December 1999); Arizona for three months (December 1999 - March 2000); Oklahoma for six months (March 2000 - September 2000); Arizona for the four months prior to the filing of the petition (September 2000 - January 25, 2001). At all times, the child was with P. P filed for dissolution and custody on January 25, 2001, in Arizona. On February 8, 2001, two days after being served with notice of the Arizona petition, D filed a petition for divorce and custody in Oklahoma. D appeared specially in Arizona to move to dismiss the Arizona petition for lack of jurisdiction. After hearing from both sides and conferring with the Oklahoma trial judge, the trial judge ruled that Oklahoma had home state jurisdiction pursuant to UCCJEA. The trial judge determined Oklahoma had been the child's home state within the six months before the petition was filed (but not the home state for the six- month period immediately prior to the filing). P’s petition was dismissed. The Oklahoma trial judge granted D's decree of divorce and awarded custody to D on September 5, 2001. P filed a special action and requested a stay of the Arizona order dismissing her action. The court granted the stay pending its decision.