Legal Question in Family Law in California

Ca./Ct. divorce

My soon to be ex wife absconded to Ca. with my son (6y.o.).After 3 Mths she filed for legal sep. out in Ca.

Can I file a cross complaint.And can I get the venue changed back here to Ct?

I am filling out fl120 now .Would it be proper to send the cross complaint at the time I send that in?


Asked on 2/10/09, 10:17 am

3 Answers from Attorneys

John Heffernan Heffernan Legal Group, LLP

Re: Ca./Ct. divorce

The law is that for 6 months after she leaves, it is the Connecticut courts that have jurisdiction over the child. If you file in CT w/in the 6 mos and have her served, then the CT court will decide what happens to the child. If the 6 mos passes w/out your filing here, you're cooked. A cross complaint in CA won't bring the case back here.

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Answered on 2/10/09, 10:51 am
Nicholas Adamucci ADAMUCCI, LLC

Re: Ca./Ct. divorce

I would need more facts to give an exact opinion. Dates are crucial as the time periods will determine which state has jurisdiction. Your question does not clearly provide such information. If you need further help, you can email me at [email protected].

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Answered on 2/10/09, 10:57 am
Linda Subbloie Linda A. Subbloie, Esq.

Re: Ca./Ct. divorce

You should file a custody action here in CT and you should file an objection to the action being filed in CA. You should ask the CA court to dismiss the action there for lack of jurisdiction because the child has not lived there for atleast 6 months and there are not significant connections to the child in CA. ( The child has always lived in CT, the father lives in CT, the child's school, relatives and doctors are in CT, etc. )

In the CT action you will argue just the opposite-that the child has lived in CT for atleast 6 months prior to filing the action (6 months prior to him/her moving to CA), and has significant connections here.

Finally, courts frown on a parent absconding with a child.

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Answered on 2/10/09, 3:03 pm


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