If afather owes child support can he file for custody?

If he files in another state and I live with my child in another where will the case be?

Asked on August 29, 2011 California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the father of your child is not paying child support, you can file a petition in California in the Superior Court of this state seeking that the court order payment of child support. The father your child is entitled to file a request for custody (joint and physical or joint where you have physical custody) of the shared child.

Venue (location of where any child support or custody petition is filed) of any action concerning your child is ordinarily set under California law in the county and state where the minor child is residing at the time the any petition is filed. As such if your child resides in a specific county in California, the filing of any petition concerning him or her should be in that particular county's superior court.

Good luck.

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