Legal Question in Family Law in California

move child cus

I have a child cus case in calif but our child whom I have cus of has lived in the state of indiana since 1996. now her father whom owes more than $30,000.00 in back support wants her to now live with him in calif. our daughtter is 16 years of age....... what do I have to do to have the case moved from calif to indiana?. I was told there is a fed law stateing that where the child lives is where the case must go to. if so I ned the code # or what ever it is called. I have a court date in cailf july 15 and have no money I am on ssi. please any and all help would be wonderfull I am trying to this on my own ( pro per ) thank you....


Asked on 7/06/04, 12:48 am

3 Answers from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: move child cus

Unfortunately, if one parent continues to reside in the state which originally granted custody, that state continues to have jurisdiction over custody until the child is emancipated. It is only when both parents leave the original state that the case can be moved to the jurisdiction where the child resides.

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Answered on 7/06/04, 11:30 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: move child cus

You should contact local attorney regarding the proper procedure in Indiana. Then serve the ex in California. The judge in California and the Judge in Indiana would then confer to determine which state should defer jurisdiction to the other state, and allow that state to make the custody and visitation orders. You may still have to appear in the Califronia court. There are some legal services available to individuals in your positon. Contact the court clerk in California and ask about legal aid. If the clerk will not help contact the local bar association.

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Answered on 7/08/04, 1:21 am
Damian Nolan Law Offices of Damian M. Nolan

Re: move child cus

You certainly can file a motion with the court to transfer this matter to the State in which the child resides based on Forum non conveniens.

However, as you have stated that there is a hearing pending in the court in California, you MUST make an appearance at the hearing or have someone make the appearance on your behalf. If you fail to do so then the court may grant whatever relief the other party is seeking.

Reagards, Damian Nolan

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Answered on 7/09/04, 2:31 pm


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