Legal Question in Family Law in California
Motion to Dismiss for Lack of Jurisdiction or Home of Residence
I have resided in the State of Arizona since 03/01. My soon to be ex-husband and daughter both moved here with me. We lived here until my spouse left. There was domestic violence involved and he threatened my life that if I took my daughter from him that he would ''kill'' me. He fled to the State of California. His attorney suggested that he request supervised visitation because he felt that I was a threat to my daughter's safety. Well I am financially broke and cannot afford to get an attorney nor can I travel to the State of California to fight for my divorce or my custody battle. What I want to know is there anything that I can do in the State of California that can force him to have to fight this battle in Arizona (because that is my daughter's home of residence as well as his)and what forms do I need to fill out and if there is an attorney who reads this would you be willing to help me without a retainer possibly like prepaid services for the services that you could provide in filing the forms for me in the State of California. If so, and you are very serious in wanting to help me than please let me know. Thank you.
2 Answers from Attorneys
Re: Motion to Dismiss for Lack of Jurisdiction or Home of Residence
Please call Community Legal Services. They have both paid and volunteer lawyers who help families who have domestic violence issues and cannot afford an attorney. I am out of town right now and cannot look up their number for you, but you can find them by calling the Arizona Bar Association or the Maricopa County Bar Association offices, which are listed in the phone book. Good luck to you!
Re: Motion to Dismiss for Lack of Jurisdiction or Home of Residence
More facts are needed but from what you say it seems that proper jurisdiction should be AZ. If you have no luck with legal aid call me. I don�t know if I can help you or not but I am willing to discuss your case with you on the phone without charge and maybe something can be worked out.