Legal Question in Family Law in California
child support
my son has lived with me in CA. for a little over a month due to his father beating him up and UT child services giving custody to me.
Can I file for child support in CA. or do I have to file in UT.
Also my son who is 17 would like to sue his father for abuse and damanges can he file? If not can I file on his behalf and can I file in CA. or do we have to file in Ut since the attack and abuse happened there?
Thank you
2 Answers from Attorneys
Reply: child support
If the child resides in California, then you can use the California Court to determine child support and modify the UT orders if any.
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: child support
The ultimate goal of any type of civil litigation is to collect money for the alleged wrong. In order to do that, you must execute on assets or garnish wages. If the father lives in Utah, then, California does not have "jurisdiction" over the father unless he is actually served with the complaint while in the state. Since the father resides in Utah, then, that would be the best state to start proceedings. Also, the boy has a direct cause of action, but, is not old enough in California to file a lawsuit. He requires a guardian to do that. You could be his guardian and file a lawsuit against his father on behalf of the boy. Unfortunately, I do not know what the age limit in Utah is. You must consult a lawyer in Utah to double check to see whether the boy can sue in his own name or requires a guardian.
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