Legal Question in Family Law in California

I got divorced in San Diego, CA and through the divorce I was awarded 50/50 custody with a stipulation of while I was deployed I would pay 300$ a month. Fast forward my ex wife decided to move to Arizona because we are both originally from their before I joined the military. We also agreed that Id pay that amount while she stayed out there. As of June I have finished my military service and moved back to Arizona. My ex-wife left my child in my care for a couple months with hardly visiting her after I came back to Arizona and before then I found out that she would pawn my now three year old daughter with family. We have made an agreement in Arizona that I would be have sole custody and got the document notarized. I have not submitted the paperwork to California family court because I didn't know if I had to transfer the case to Arizona family courts. Now she decided to run off and move to Texas and now she is beginning talks of her wanting to take my daughter back to Texas with her. What should I do? Oh and also she hasn't paid the child support amount we have agreed on for about 2 months now.

Thank you for the assistance,

Daniel


Asked on 10/19/11, 12:38 pm

2 Answers from Attorneys

Based on those facts you could move the case to AZ, but you don't have to. Once both parents and the child no longer live in CA, you can transfer the case to the new state the child lives in, or you can stay in CA. If either parent asks for the move, it will almost always be granted, but if neither one asks, the case stays in CA. If she was still in AZ I would say move the case, because it would then be easier to deal with everything, particularly enforcement if needed. However, since you will have to deal with out of state enforcement in TX even if you move the case to AZ, it is kind of a toss-up whether to move it or not.

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Answered on 10/19/11, 1:00 pm
Michael Schneider Family Law Center

But, since you indicate that the mother is now threatening to take the child to Texas after having left the child in your sole custody for a period of time, if you change venue, you may lose very valuable time. I would first suggest you have orders in place to prevent the mother from taking your child and giving your primary or sole custody. Then, only after that is done, would I register the case in AZ or ask the courts to transfer the case.

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Answered on 10/19/11, 2:55 pm


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