questions & answers

Question: I have current custody & support orders in CA. I moved to AZ 2 years ago. My ex decided that he didn't want anything to do with them anymore & told me to keep them here in AZ even though our orders have him as sole physical (only since I moved out of state-before it was joint physical) & it is still joint legal custody. They have been with me 100% of the time for the last 6 mos. Father has not made any attempt to contact them or visit them. I would like to have new orders for me to have sole physical & I need an increase in child support (he is garnished in CA). Can I file in Coconino County?

Answer: No.  Your situation is governed by the Uniform Child Custody Jurisdiction and Enforcement Act.  Under the Act, California retains jurisdiction over the case until either both parents and the children have left the state or California relinquishes jurisdiction.  (Section 202).  These interstate custody issues can be messy and complicated.  You should at least consult with a lawyer.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  For a $75.00 fee, the Modest Means Program will arrange a one hour consult with an experienced attorney.  The telephone number is (866) 637-5341. Both the Maricopa County Bar Association and the Pima County Bar Association have lawyer referral services that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consultation for a fee of $40.00. The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.00.  The telephone number is (520) 623-4625.