Legal Question in Family Law in Arizona

Re: I have sole custody of my son in az but i need the case transfered to ca

if the original order was from AZ then you cannot get it moved to CA unless the mother leaves AZ.

Re: I have sole custody of my son in az but i need the case transfered to ca

Typically, once the child has been in California for more than 6 months, California will be considerd his "home state". Thereafter, any further custody litigation can take place in either Arizona OR California, depending on several factors. There really is no way (that I know of) to prevent Arizona from ever addressing its own orders. However, the more time that passes, the more likely it is that an Arizona Judge would defer to California.

You may want to contact a California attorney about "domesticating" the Arizona orders, which should then make them valid and enforceable California orders.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

Re: I have sole custody of my son in az but i need the case transfered to ca

You can make a request to the California court to move the case here. Family Code section 3423 governs when the case can move from Arizona to here. In your situation, the Arizona court will have to give up its jurisdiction to California.

If you reside in Santa Clara County you can contact my office (408-287-8484) to schedule a free one-half hour consultation to discuss this matter more fully in private