Child Custody

questions & answers

Question: My sons father is trying to take me to court in CA but we both live in AZ. Can he still take me to court in CA if we now live in AZ

Answer: I assume you are asking about a custody (now called legal decision-making in court documents) You do not say if there was a previous custody order that was issued in California.  If so, California will continue to have jurisdiction over the case until one of the parents asks that it be changed.  (A.R.S Section 25-1032).  If the custodial parent and the child now live in Arizona and claim Arizona as their legal residence, then you can ask the California Court to relinquish jurisdiction and send the case to Arizona.  The California Court will likely determine it no longer has sufficient contacts to retain jurisdiction.  If this is confusing or you need help moving your case, it wouldd be a good idea to talk with an attorney.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You will need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is  $75 per  hour.  The telephone number is (866) 637-5341.  Both Maricopa and Pima Counties have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers its 30 minute consult with an experienced attorney for $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.