Legal Question in Family Law in California
jurisdiction of states over custody
I need to know how they determine which state has jurisdiction if a court order has been set in one state can another state overturn that order I have custody of my children threw oklahoma courts my ex took them and will not return them to me and in the mean time has filed for custody of them in california I need to know if oklahoma will still have jurisdiction over the custody case and will the courts return them to me because of the original order
2 Answers from Attorneys
Re: jurisdiction of states over custody
The answer may be quite complex. If there is an existing custody and visitation order Oaklahoma, and you still live in that state it would normally continue to be the home state. There are circumstances under which California may exercise the jurisdiction it has, because the children are present in the state. You should retain an attorney in California to file a motion to have the California order set aside as Oaklahoma is the home state. If you cannot afford an attorney then come to California and appear in court, or contact the appropriate authorities in Oaklahoma and request assistance in recovering your child which is being with held from you in violatio of a valid court order.
In the California action you should request that he pay all of the costs you incurred in getting the children returned to you. California makes the parent keeping the child from the parent liable for the costs incurred in obtaining the return of the children.
Act Quickly to avoid Califronia become the home state by default.
Re: jurisdiction of states over custody
Based on the facts provided thus far, I strongly suggest you consult an experienced attorney in your home state. Warmest regards
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