Legal Question in Family Law in California

Re: Filed wrong

Most courts are liberal in allowing amendments to family court pleadings. You can amend your petition to a request for legal separation. There is no residency require, either state or county. Your problem may be greater than just not meeting the residency requirements for filing the petition for dissolution. You came from out of state, the uniform child custody compact, which California is a member, provides that the state in which the children have been residing for the past 6 months it the home state. If you husband files a petition in the home state California courts will normally defer exercising jurisdiction. There are narrow exceptions which allow California to exercise jurisdiction. These narrow exceptions involve abuse which results in immediate danger to the child or mother.

You need to hire an attorney to help you with this matter. Interstate custody is complex.

Re: Filed wrong

Yes, you can try to amend your Petition to ask for a separation. If your husband wants custody and you do too, you will need a court somewhere to make a decision and it usually doesn't matter much if it is "your" court or "his" court.