Legal Question in Family Law in California

Child custody change

How do would I change who has primary custody? My children are 10 and 7, living in California, and I live in Arizona.


Asked on 11/03/06, 10:52 am

1 Answer from Attorneys

Jeanne Whitney Whitney Law Office

Re: Child custody change

Normally you change custody in the Court where the children live, which would be in California. However, if the original custody order was in Arizona, you could try filing a request to change custody in the original court. It doesn't matter if the custody order was part of a divorce or not. The custodial parent in California may be able to request the case be changed to CA, but often times the parties can negociate custody changes in the original court. Most counties in Arizona provide FREE mediation services with a neutral, trained mediator who will try to help the parties reach an agreement on custody and/or visitation. The mediation does NOT deal with child support matters. This FREE service may be available, even without filing new pleadings with the court.

You can hire an attorney from the Arizona County were you live to help you. If you are low income, you could contact the local Legal Aid office to see if you qualify for services. Some attorneys will help you prepare the documents, which you then file yourself.

Many people handle these matters on their own. A good place to start for forms is http://www.superiorcourt.maricopa.gov/ssc/forms/forms_available.asp. Under OTHER COURT REQUESTS is a sample for Request for Mediation. To CHANGE AN ORDER THAT ALREADY EXISTS pick the form from that section. Although these forms were developed for Maricopa County, you can change the County name to use them anywhere in Arizona. Good Luck

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Answered on 11/03/06, 2:51 pm


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