Legal Question in Family Law in Arizona

I have been served with child Support/custody papers here in california. The papers are from Arizona court system. Without going into major detail. The mother has been denying me contact with my child for over 7 months and just started to give me contact over the phone 2 weeks prior to serving me these papers. My question is: I work fulltime currently I have no vehicle. My income isn't large. Is there a way I can get this transferred to California , and what do I need to do with these papers? Do I have to drive to Arizona to file these papers? Or can I file down here to Arizona? I would like to have this entire thing done in California. The mother doesn't work and is supported by her boyfriend so she has transportation , unlike me.


Asked on 4/14/13, 7:11 pm

2 Answers from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

If your case is in Arizona and the child is in Arizona, you cannot move the case to California; this is about jurisdiction, not convenience. I recommend you contact an attorney in Arizona (in the county where the documents were filed) to obtain advice about what your next steps should be. If you do nothing (or wait too long to take action), the other party may be able to default you and get orders consistent with what has been requested in the initial documents.

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Answered on 4/14/13, 8:14 pm
Scott Stewart Stewart Law Group

Unfortunately, if the child is in Arizona you have to proceed with the case out of the state of Arizona due to jurisdiction. However, you can contact an attorney to represent you in the county where the documents were filed so that you can proceed with the case despite living in California. However, as previously stated, failing to take action can lead to a default which might produce undesirable results. I recommend you set up a consultation as soon as possible so that you can proceed with the case. Please feel free to contact us at 602-548-3400 so that we can discuss the matter in further detail.

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Answered on 4/16/13, 8:58 am


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