Legal Question in Family Law in California
Custody and Divorce
i am japanese citizen and was married to an american. We had a child that has both japanese and U.S. citizenship. We were married in nevada in 2000 and then divorced in Japan in 2004. Ilive in Japan from 2004 until 2007. i moved to virginia in 2007. Japan awarded me full custody. The father has never made an attempt to contact us since 2004. Yesterday my mom calls me from Japan and siads my ex sent divorce papers to Japan and wants physical child custody. They were filed from the state of california. Do i have to sign these. If i dont, will he get custody even though Japan saids I have full custody. Will california even hear a custody case because i now live in Virginia and our child only lived in California from birth to age 5 months. I appreciate the help
Thank You
2 Answers from Attorneys
Re: Custody and Divorce
You need to retain an attorney in California to request that the court dismiss the action, or in the alternative have the Japanese Divorce judgment giving you custody with the California court. Also you should object to the California proceedings as the court lacks jurisdiction over the child as there is not marriage.
Re: Custody and Divorce
You will need to arrange for a consultation with a Virginia lawyer who is knowledgeable and experienced in domestic relations law and who will have the opportunity to examine the legal papers with which you've been served, and who then should be able to advise you, accordingly.
The kind of advice which you're seeking for this particular situation from this online forum simply cannot be reliably dispensed without a personal interview and consultation.