Legal Question in Family Law in California

Divorce hearing in WI, child and mom in CA

My question is for a friend of mine. She currently resides in California but was served papers from her husband in WI. She was not able to afford a lawyer or a ticket to fly to WI in time, so she phoned in for the hearing. The result of the hearing was temporary physical placement with the father until the actual divorce hearing. I'm concerned that the courts in WI may not have jurisdiction over the mom and child since they are both currently living in California. I have heard that since her and the child live in California, that is where the papers should be filed. She is a single mom and is having a hard enough time making ends meet, let alone trying to afford a lawyer. He hasnt paid her a single dime since they separated 9 months ago and is now asking for her to pay everything, including court fees, lawyer fees, child support, etc... Any help would be appreciated. She tried to contact the public defendants for both states but claimed the other was responsible... HELP!!!


Asked on 3/15/06, 1:23 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Divorce hearing in WI, child and mom in CA

Interstate custody cases are complex. The law and its application to each case are different for each case. If she and the children have been living in the state of Califronia for the past 6 or more months, with his consent, California is arguably the children's home state. However, if there is no action in CA the WI would exercise its jurisdiction over the child custody and visitation aspects of the case. The home of the children prior to coming to CA is another factor that the court will consider. Her reason for leaving and coming to CA will be considered by the court. If she files in CA and serves him then the court in WI and the CA court should discuss the matter and decide where the custody issues should be heard. Court have family law clinics which may be able to assist her in this matter. There may also be a free community legal service that can provide legal assistance. She should make the same inquiry into WI law. If her husband has income and assets the court may order him to pay her attorney fees. Immediate action on her part is required to protect her rights and the children.

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Answered on 3/15/06, 4:26 pm


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