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State to State question

 
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Flipstash



Joined: 22 Nov 2008
Posts: 2
State or Province: Arizona

PostPosted: Sat Nov 22, 2008 8:57 pm    Post subject: State to State question Reply with quote

Hello!
I am a single mother who moved to Arizona with my 4 yr old son over one year ago. His father lives in California. We have never been to court. Before I left we discussed how our sone would have better opportunities in AZ, as the cost of living is so much cheaper and he could have his own room instead of sharing my room in a one bedroom apt. The father agreed to this idea. He stipped paying child support in May of 2007.
I tried to file for custody in AZ, but was told I had to go after the father for child support FIRST. So, I took those steps. I never heard if the father was served, but now, all of a sudden, he is demanding to see the boy one week a month and demanding I switch schools to accomadate his demands.
I just don't know what to do now! It seems the AZ courts offer me nothing in the way of rights! What if the father files for rights in California? Can he do that?
is my ONLY recourse to pay big bucks to a lawyer for advice??
Please talk to me if you know anything about these two states and this issue!
Thanks in advance!
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Still in Love



Joined: 05 Sep 2006
Posts: 216
State or Province: California

PostPosted: Sun Nov 23, 2008 6:22 am    Post subject: Reply with quote

You can not file for custody in a state until you and the child have maintained a residence in that state for 3 to 6 months depending on the state. You could now go and file for custody and child support through the interstate office within your family court.

Go to your closest family court, ask for the interstate office to file custody and support petitions to out of state parents...

File a petition for full physical and legal custody of your child, and for child support. It usually takes longer for out of state courts to get everything done, but at least you will have an active custody and support case going.

Do not send your child out of state without a court order in place cause once your ex gets him back into cali he can do just that there and since possession is 9 10's of the law... you will then have to fight for custody back.
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