Legal Question in Family Law in California
Who has jurisdiction?
My son is currently visiting me for the summer. His mother lives in California and has since July 2000. Our divorce, child support and custody is held in Park County, Wyoming. My son wants to stay in Alaska and live with me but his mother says no - we have joint custody, but she does have physical placement so what court has jurisdiction over the case? Is it Wyoming where the divorce is held? Is it California because he is a resident of CA? or is it in Alaska because we both reside here. I am a resident of Alaska, however my son is not.
1 Answer from Attorneys
Re: Who has jurisdiction?
Jurisdiction to modify a child custody order lies with the state the issued the order, unless neither party resides in that state, which is your situation. Since the child has lived in California for over six months, modification jurisdiction lies in the county of the Mother's residence. You will want to retain an attorney, it will save you making several trips to California. You are required to go to mediation, however, you can probably do that over the telephone. Good Luck, Pat McCrary
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