Legal Question in Family Law in California
out-of-state child support
When suing for child support when the non-custodial parent lives in a different state then the child, must the legal paperwork be initiated in the child's home state or could it originate in the non-custodial parent's home state?
3 Answers from Attorneys
Reply: out-of-state child support
If you are modifying an old order, you have to modify it in the court that issued it. If there is no order for support, then you would want to file in the jurisdiction where the child resides.
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: out-of-state child support
The action may be brought in the child's home state only if the father has significant contacts (a legal term) with that state. Significant contacts could mean having lived in that state or the child conceived in the state. If there are no significant contacts of the father in the child's home state then the action must be brought in the state of the father. The action for child support could always be brought in the state of the father, if that is the desire of the mother. Good Luck, Pat McCrary
Re: out-of-state child support
Dear Inquirer:
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If you haven't already done so, please visit my
web site at --
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 --
The court in the state that made the first order regarding the child has exclusive and continuing jurisdication as long as the child and/or either of the parents reside in that state. Otherwise the order would be made or modified in the child's "home state" (which is a term of art).
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.