Legal Question in Family Law in California

Child Custody Modification

my ex was awarded physical custody of our children in 2002. In 8/2004 the girls have came to live with my wife because of my ex couldn't take care of them. They are currently still here with us in California. One is 9 the other is 6. They now do not want to go back to their mother. She has recently lost her house and is floating around from family member to family member, has no job, is divorcing her new husband, and has another child to take care of. We have a stable home, income, and they have a great school. How can I modify the order to get custody? Neither one of us are in Illinios. Do I have to go back there? We cannot afford the huge retainer fees that most the attorneys in California are asking for, is their another way to go about it? The girls are supposed to visit their mom for Christmas, but they are both scared she will keep them. Thank you for all your help.


Asked on 10/20/05, 7:06 am

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Child Custody Modification

Since neither parent lives in Illinois, that state should no longer have jurisdiction. Register the Illinois custody and visitation order in California, and then file a motion to modify the custody and visitation order to concur with the actual situation. The assistance of an attorney would be beneficial to you in getting this done.

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Answered on 10/26/05, 1:27 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: Child Custody Modification

The Child Custody Jurisdiction and Enforcement Act (UCCJEA) comes into play here. The UCCJEA governs whether a state has jurisdiction over cases involving an out-of-state residents (California v. Illinois in your case). Under your facts presented so far, there is a VERY good chance California may have at least "emergency" jurisdiction over the child custody modifications you seek, under the Child Custody Jurisdiction and Enforcement Act. However, we would need to know a few more facts from you to give you a complete answer on this issue (i.e. where your ex resides now, etc...). If you would like our further assistance, contact us today. we can and WILL help you and your family out, and most importantly, you will NOT have to "worry" about ANY large retainer fees. talk soon.

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Answered on 10/20/05, 11:49 am


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