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Which state laws apply??

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humorousgoddess

Junior Member
What is the name of your state?What is the name of your state? Colorado, but moved here from California.

My ex and I were only dating for three months when I got pregnant in 1993. We lived in California. We moved in together to raise our disabled child. During that time he would either drink heavily, use methamphetamines, or both. After five years of arguing we mutually separated. We were never married. He rarely wanted visits with our son (and never overnight) even though we lived within walking distance of each other. At the time we separated in 1998, I filed a restraining order due to spousal abuse. We were ordered to go to mediation preceding the court date. He didn't show up although he knew about it. He also didn't show up for court and I was issued a restraining order for three years. Since he wasn't there I arranged his visitation schedule with the court via the restraining order so he had the right to see our son on his days off of work every week. He never once showed up even though he was informed.

Afraid that he would carry out his threats against me, I moved about four hours away, but still in California. I gave him my address and phone number there and he would call our son a few times a year (Easter, Birthday, and Christmas) by his own choice. Eventually my son asked me not to put him on the phone with his father anymore. I complied with my son's wishes. Two years after the move, my son and I decided to move to Colorado to be near family. Again I informed my ex and kept him aware of our new address and phone number. This was in 2000. In 2003 I got married.

I never went to court officially over custody or child support. I don't know if the California restraining order from 1998 (expired now) counts as anything. I also do not know which state I would need to file for child support in now. My ex has refused to let me know his whereabouts for years, other than he was in California. He stopped having any contact two years ago. We split up before California's Common Law Marriage would have taken effect. Since all of this began in California but my son and I have lived in Colorado since 2000, how do I go about filing for child support now and which state has jurisdiction?
 


the_destiny

Junior Member
humorousgoddess said:
What is the name of your state?What is the name of your state? Colorado, but moved here from California.

My ex and I were only dating for three months when I got pregnant in 1993. We lived in California. We moved in together to raise our disabled child. During that time he would either drink heavily, use methamphetamines, or both. After five years of arguing we mutually separated. We were never married. He rarely wanted visits with our son (and never overnight) even though we lived within walking distance of each other. At the time we separated in 1998, I filed a restraining order due to spousal abuse. We were ordered to go to mediation preceding the court date. He didn't show up although he knew about it. He also didn't show up for court and I was issued a restraining order for three years. Since he wasn't there I arranged his visitation schedule with the court via the restraining order so he had the right to see our son on his days off of work every week. He never once showed up even though he was informed.

Afraid that he would carry out his threats against me, I moved about four hours away, but still in California. I gave him my address and phone number there and he would call our son a few times a year (Easter, Birthday, and Christmas) by his own choice. Eventually my son asked me not to put him on the phone with his father anymore. I complied with my son's wishes. Two years after the move, my son and I decided to move to Colorado to be near family. Again I informed my ex and kept him aware of our new address and phone number. This was in 2000. In 2003 I got married.

I never went to court officially over custody or child support. I don't know if the California restraining order from 1998 (expired now) counts as anything. I also do not know which state I would need to file for child support in now. My ex has refused to let me know his whereabouts for years, other than he was in California. He stopped having any contact two years ago. We split up before California's Common Law Marriage would have taken effect. Since all of this began in California but my son and I have lived in Colorado since 2000, how do I go about filing for child support now and which state has jurisdiction?
Go to the state you live in now for child support!!! He has to pay it. If you have a restraining order in another state it is voided if you did not go back to have it reinstated!!
 

stealth2

Under the Radar Member
CA may actually have jurisdiction, since you do have a court order for visitation from there. This is one where I would speak with a local attorney.
 

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