Legal Question in Family Law in California
If a father loses a custody battle due to failure to appear in court. But wants to reopen a case, can he do that in another state and petition for a change in custody and visitation despite living in a different state from the original case where the children still currently reside?
Asked on 10/08/14, 1:02 pm
2 Answers from Attorneys
Not with success, although he may get temporary traction by lying in the other state. If the children still reside in the state that issued the original orders, that state is the only state with proper jurisdiction over the children.
Answered on 10/08/14, 1:04 pm
Gary R. White
Burton & White
Father can still return to original state and "re-open" custody issues. Child custody may change any time there is a change of circumstances - like Father wants to see children now.
Answered on 10/08/14, 1:47 pm
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