Legal Question in Family Law in California
Which state has jurisdiction over a child?
My husband has custody of his 6 1/2 year old child. We live in California and have lived here with the child since 1998. The non-custodial mother says the state which the divorce was finalized has jurisdiction over the child. Is she right? Or does the state in wich the child is a resident have jurisdiction?
2 Answers from Attorneys
Re: Which state has jurisdiction over a child?
The state where the original custody order was issued keeps jurisdiction of the case as long as at least one parent still lives in that state. If both parents have moved out of that state and you can try to get the court in the state where the child lives to take jurisdiction.
Re: Which state has jurisdiction over a child?
Of course it is the state where the child resides. If custody is being challenged, and, if you need assistance, you may contact me directly at (619) 222-3504.
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