Legal Question in Family Law in California
residency
if a mother moves out of state with fathers permission under false circumstances to the father as to intention,can father file an action in his state as to child custody after established in another.
1 Answer from Attorneys
Re: residency
Your question does not contain all the necessary facts. How long
did the children live in the first state? In the second? What was the false
circumstances?
Normally, if the children lived in this state for a long time, and have been absent
only a short time, this state is the proper place to file. If there is already a custody
order from this state, this state is the proper place to file.
If the children have been absent for a year or so, and there was never a custody order from this state, it may be best to file in the new state,
because eventually the matter is likely to be heard in the other state.
The Uniform Child Custody Jurisdiction Act ("UCCJA") and the federal Parental Kidnapping Prevention Act
("PKPA") govern which state has jurisdiction when more than one state seems involved.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
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