Legal Question in Family Law in California
Mother tried to commit suicide. Mother left suicide note stating who the father was. Child Services notified me and told me to come get my son. I live in California. My son was living in Indiana. I sent plane ticket to my son and child services put my son on airplane to California. Mother wants me to return our son to her after only two months since trying to kill herself. I deny request and now mother files a summons to return the child to her custody. My son stayed with me from May 19th thru August 8th for summer vacation. He returned home from August 8th to October 4th (date when mother tried to commit suicide). Child has been living with me since October 4th. Question: Which state actually has jurisdiction? Child is doing well in school and has adapted to his new living arrangements and is very happy. What will a judge do in a situation like this? If it's determined that the childs home state is California because that is where the child has lived at for the last six months does her summons still have any credibility or does she have to refile?
3 Answers from Attorneys
It is unclear without more, whether CA or IN has jurisdiction, but no summons is automatically invalidated. You must dispute it in IN or the proceedings will go forward and may have binding effect.
Or, what you can do is to file here also and have the judges hold a U.C.C.J.E.A. Hearing between themselves to sort out which is the better or more proper jurisdiction.
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