Legal Question in Family Law in California

jurisdiction

In my recently concluded case, I received the court order. The last line of the court order notes that the state of Maryland court will maintain jurisdiction for future custody, support and visitation issues. Is this standard language? Although Maryland has granted this initial order do they maintain jurisdiction if both parties have relocated to California. The children and their mother have been in California for more than one year and I have relocated to California to be closer to the children. The problem is that the MD courts order developed child support consistent with my earnings in MD. Earnings I will be hard pressed to make in california. Given the language of the order, will I need to approach MD in respect to any modification? In addition the original order includes child care cost that no longer exist! How would you suggest I proceed. Seems that I may need to consult with a California attorney.


Asked on 10/26/02, 8:23 am

3 Answers from Attorneys
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: jurisdiction

If both parents stipulate that California shall exercize jurisdiction, it is a simple matter to accomplish. If both parties do not agree than it is a more complicated procedure.

Good luck to you!

Brian Levy, Esq.

Law Offices of Brian Don Levy

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Answered on 10/28/02, 11:45 am
Matthew Kremer Law Offices of Matthew M. Kremer

Re: jurisdiction

CA can take jurisdiction, even if one party objects. The custodial issues come under the UCCJEA. Maryland remains the "decree state", but CA has become the "home state". Since you are both here, CA can also take jurisdiction over the money issues. You will need to register a certified copy of the Maryland judgment in the county where the children reside.

Note that CA might enforce some parts of Maryland law. For example, if child support there goes to 21, rather than 18 in CA, CA might keep the 21 end date. Also, CA might have a higher guideline c/s than Maryland. Check that out before you file anything.

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Answered on 10/28/02, 12:26 pm
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: jurisdiction

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Given the facts as stated, California now has the ability to take jurisdiction. Either, petition the Maryland court for a change of venue, or simply apply for issuance of an Order to Show Cause re Modification of Child Support in California. If no one objects, the California court probably will assume jurisdiction.

Thanks for sharing your interesting inquiry, and good luck with your case.

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Answered on 10/27/02, 11:51 am


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