Legal Question in Family Law in Arkansas
Arkansas VS California
I have had custody of my children since their father I seperated. We have a California Court order stating he pays child support, although the court order does not state I have full custody. He moved to Arkansas and I moved to Arizona and we had verbally agreed that he would have the our two kids for one semester of school until I got settled comfortably for our kids. I had to wait after Christmas to get them back because it was his turn, but afterwards as I went to get them (escorted by the Police) he refused to give them up to me. he stated that according to Arkansas law the children had established residency with him and he wasn't going to give them back regardless of our verbal agreement and California child support order. The police did nothing. How can I get my children back, now that I feel that the California order is useless? He is married and I am not.
2 Answers from Attorneys
Re: Arkansas VS California
I am not sure that I, as an Arizona attorney, can help at all. If there are NO custody orders, and the children did not reside in Arizona for any length of time, then Arizona has no "jurisdiction" to deal with custody matters. An Arkansas attorney, however, should be able to file a pleading asking the Court to determine whether the children's best interests are served by living with Father or with you. It appears as if Arkansas does have jurisdiction, because (1) the children are presently there, and (2) the children have been there for over six (6) months, and (3) neither parent now lives in California.
I hope you'll contact an Arkansas attorney, before too much time passes.
/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: Arkansas VS California
File a Motion for Contempt in California.
BUTCH HALE
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