Legal Question in Family Law in California
a lawsuit, concerning custody over my daughter, has been filed against me. i need help on how to respond. what papers do i need to get to answer the summons? the father lives in az and has filed it there, but i live in california and wonder how to convert it to the state of california. i want to see how i can go about fighting it, because he completely abandond us with nothing. we were never married and i feel he has no right to her since he hasn't paid any child support, or even seen her for 7 months. any and all advice would be greatly appreciated. thank you.
2 Answers from Attorneys
The first step is to contact an attorney in Arizona to discuss possibly raising an objection to Arizona having jurisdiction. If you live in California with the child, there may be an argument that California has subject matter jurisdiction. Depending on your connections with Arizona, you may also have an objection about whether Arizona has personal jurisdiction over you. All of these issues should be explored with an Arizona attorney and you should also consult with a California attorney so you understand your rights as to both states. Good luck.
I would suggest that you file an action here in California to establish custody and support. IF the child has lived in California for the past 6 months, jurisdiction belongs in California. Also, if you have never lived in Arizona, Arizona may not have jurisdiction to make any order concerning you other than to dissolve the marriage. Regardless, you should contact an attorney immediately. Good Luck, Pat McCrary
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