Legal Question in Family Law in California

I got divorced in California and our child custody is joint. In the divorce the custody is written that I have the kids for 1 year and the other parent has them the next year and we alternate.

I and my children live in Utah and my children have been living with me the entire time. My ex basically did not want to take their year.

Now I want to obtain full custody of both kids and I am wondering if we are all Utah residences, am I able to file in Utah or do I need to go back to California and re file there?


Asked on 10/15/09, 8:06 pm

1 Answer from Attorneys

If your ex is no longer in California too, you should consult with a Utah Family Law attorney on this and see if they can advise you on whether the Utah courts would accept jurisdiction. If your ex is still in California, though, the CA courts probably will not give it up and you'll have to file for a modification of the custody order in CA.

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Answered on 10/15/09, 9:32 pm


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