Legal Question in Family Law in California

Your case has jurisdictional problems if your husband and child have never been to California. Of course, he may waive jurisdiction if you petition for dissolution of marriage here in California, but if he raises the issue or hires an attorney to raise the issue, your case may be dismissed.

I suggest you repost your question to at least the Indiana and the Illinois forums. I am not admited to practice in either of those states, and they may have laws that work to your advantage in a divorce or custody battle.

You can file for dissolution here in California and I would proceed in that direction unless you know of some great advantage using the other states. The advantage to you is that you are HERE. In addition, California might be more modern (or not) in family law matters...that is for you to decide. You would have to serve the paperwork on your husband in Indiana, which is not very difficult using services for this purpose. Speaking for California, neither you nor your husband have priority in who should have legal or physical or both. The custody issue in California is generally decided as part of the entire dissolution matter. In fact, it should be decided as soon as possible and THEN worry about the rest of the issues such as property, etc. You need to decide whether or not you want physical custody, how often, etc. You also need to decide about legal custody; ie, who will be making life decisions such as health and schooling for the child? The custody can be shared equally or one parent could have physical PRIMARY custody and the legal custody could be shared. You can use NOLO press or other publishers to research applicable law in the three states, or you could go to a family law clinic in your area for additional info.

Under the uniform child custody and support laws enacted in every state, Indiana will have jurisdiction over the minor child. Since both states have jurisdiction over the divorce, unless your husband voluntarily chooses to proceed in California, California will abstain and allow the case to proceed in Indiana. You need to re-post your question for Indiana attorneys to answer.