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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27889
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I am a single mother of one. I moved my daughter over two

Resolved Question:

I am a single mother of one. I moved my daughter over two and a half years ago. My ex was abusive and I took my daughter and left the situation. He is now claiming that he is going to take me to court and get custody of our four year old. We were never married and I am new to this state, how do I get the papers to file before he does?
Submitted: 3 years ago.
Category: Family Law
Expert:  LawTalk replied 3 years ago.
Good morning,

I'm sorry to hear of your dilemma.

The Uniform Child Custody Jurisdiction And Enforcement Act, ("UCCJEA"), dictates that once a parent and their child(ren) reside in a given state for 6 months, that state acquires jurisdiction over the child(ren) for purposes of resolving all custody issues. That means that any petition for modification of custody must be filed in the state where the child(ren) have resided for at least 6 months.

You need only file a Petition for Custody in your local Family Law court. You may also at the same time seek an Order of child support against the father. Based on the fact that you have had primary custody of your daughter for all these years, there is virtually no way that the court would grant your ex primary custody.

You can do one of a couple of things. You can use the forms at this link, and simply change the county name on the forms from Pima to the county you live in:

http://www.sc.pima.gov/SC_Web/Portals/0/Library/Child_Custody_&_Parenting_(PimaSC09).pdf


Or you can go to your local Law Library and they will have forms there which you may use to prepare your Petition for Custody and Child Support.

I wish you the best in 2011.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.


Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27889
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
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