Legal Question in Family Law in California

Custody & Support Conflict (CA vs AZ)

My child's father lives in AZ. My child and I have lived in CA from HI, since March, 2007.

He caught up on the arrears of child support in 2005. I received the documents to confirm and filed the necessary filings. But somehow, the child support stopped right after I filed the confirmation documents. I received no other documents reflecting the case.

However, I found out this last week that in 2006, he filed, with his attorney, the Request to Modify custody and had the child support stopped. (1) I know that under the laws of all states, he was to file the custody modification in the state where the child resides (CA). (2) He stipulated in his filings that I received the documents, which is incorrect. (3) By default, it is now ordered, in the state of AZ, that he now has Sole Custody of our child who lives in CA with me. According to the docket, the Judgment was filed on May, 2006.

I originally had a lawyer (1998), who I still owe a balance, but I don�t want his representation anymore.

Questions: What documents do I file to reverse this order, and do I file in the AZ court because I live in CA? Or do I file this in CA where I live with our child?

Am I obligated to retain the original lawyer that I owe, or Pro Per


Asked on 2/17/08, 3:10 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Custody & Support Conflict (CA vs AZ)

This is a complicated question. File in California and obtain an order for custody. Be sure to provide information about the time that you have lived in California, and that father filed for child custody in Arizona, and that Arizona does not have custody since the child has never lived in Arizona. Make certain that father is served with the papers.

You should consult with an attorney before taking this action to fully explore the facts of your case. You do not have to use your prior attorney.

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Answered on 2/22/08, 9:58 pm


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