Does Our California Court Still Have Child Custody Jurisdiction Even If I and my Ex Now Live in Different States?
Question: I have a child custody order from the Los Angeles Superior Court. Neither my Ex nor I live in California now. Our children are with me, and I would like to change the custody order. Can I do that in the Court where I live now? We never finished the case in California. No court judgment was issued.
Answer: The short answer is yes, the California Court that issued the custody order still has jurisdiction over custody. Once a court establishes child custody jurisdiction at the commencement of proceedings, that jurisdiction is not divested if the parents and child leave the forum state before a final custody determination.
In a recent Court of Appeals decision the Court stated: “Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), California retained exclusive, continuing jurisdiction because the parties and child did not reside outside the state at the commencement of proceedings. Jurisdiction is only divested if the parents and the child do “not presently reside” in California at the outset of the case, not if they vacate the state mid-proceeding. ”
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a model law adopted by 49 US states (excluding Massachusetts, weird I know) that establishes a consistent framework for determining which state court has jurisdiction in child custody cases, and for enforcing custody orders across state lines.
Key Provisions of the UCCJEA Act:
Home State Jurisdiction: The state where the child has lived with a parent for at least six months (or since birth if under six months) is generally considered the “home state” and has initial jurisdiction.
Significant Connection Jurisdiction: If the child does not have a home state, a state with significant connections to the child and at least one parent can have jurisdiction.
Enforcement: The UCCJEA facilitates the enforcement of custody orders across state lines, ensuring that custody and visitation orders are recognized and respected in other states.
Temporary Emergency Jurisdiction: A state may exercise temporary emergency jurisdiction to protect a child if the child is in danger or has been abandoned, even if another state has jurisdiction.
Exclusive continuing jurisdiction under the UCCJEA is complicated.
If you have interstate custody issues Contact Attorney Galen Gentry for a free consultation. Mr Gentry has over 30 years of experience protecting people and their families and family law matters including interstate custody issues and custody issues involving parents and children living in other countries.
Call us to schedule a free consultation at 310 282 7521 or contact us here.