Legal Question in Family Law in Arizona

I have a question about child custody. My ex-partner and I have a ten year old girl that we have been raising as 'co-parents' since she was just over 1 year old. This means that she has spent considerable time with each of us, though during school years she resides with me primarily, and I occasionally receive child support but it is erratic and never dependable. Her father is very aggressive, pretty unreliable, and just a general bully and though we tried very hard to stay friends throughout all of this, his treatment of me and my new family is getting worse and worse (for example, ruining holidays at my home that we invite him too by screaming at people and storming off, among SO much other stuff). Whatever the case, it is clearly time for us to establish a legal custody arrangement so that we both (mainly me and my family) are protected and no longer have to deal with the whining and fighting that he throws at us.

Here's the catch, we were all living in Washington state up until this summer. Our two families (he and his partner, and me and my partner) mutually decided we wanted to move back to our home state of California, however, my family and I wanted to live in Arizona for 6 months (not a day longer since we are not interested in this state as a home) so that my partner can go to a specialized trade school here. So, we have no intentions of becoming permanent residents of Arizona and will be heading back to California, willingly and happily, in early 2011, as soon as his school is through. My ex is already settled in California so there are currently no problems regarding where to live.

My question then is this: Is there anything I can do to begin the child custody process while living in Arizona if I have no intention on staying here or do I have to wait until I get to California? Should I be contacting attorneys here or California for consultations etc.?

Any help would be greatly appreciated as I am new to this and had hoped that it would never come to this :(

Thank You


Asked on 8/15/10, 3:55 pm

1 Answer from Attorneys
Rich Peters R.J. Peters & Assoc., P.C.

If the child and one parent is here, there are arguments that can be made that the case culd be strated here. But, there can also be reasons to wait until you relocate. If time is of the essence, it seems that only Arizona could handle such at this time.

We can certainly help you consider and then pursue your options for custody proceedings. This is obviously a very important matter, and you should not go in alone.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/ Rich J. Peters

R.J. Peters & Assoc., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com

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Answered on 8/22/10, 2:53 pm


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