Legal Question in Family Law in California

Need to know what state of residence our 23 month old granddaughter is.

We were just awarded temporary custody of our grandchild. Our grandchild has lived with us the majority of this year. Would our grandchild be considered a resident of our state since the majority of the time was spent living with us? The dad pays the child support from a different state, or is she a resident of his state? Mom lived the majority of this year in a different state from father and grandparents, but the child only lived with her for 2 months. We think the answer is that our grandchild is a resident of our state, but we're not sure.Can you tell me if our grandchild is the resident of our state,or another state? We have had grandchild almost 180 days this year.


Asked on 11/16/03, 10:56 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Need to know what state of residence our 23 month old granddaughter is.

The residence of a minor is normally the same as the guardian of the child. If you are refering to homestate for the purposes of child custody and which court should exercise jurisdiction over the child custody and visitation issues it is different. There the question is has another state made an order for the custody of the child and does one of the the parents still reside in that state. Otherwise the state in which the child has lived for the last six months will be considered the childs homestate. There are numerous exceptions to this rule. You should discuss your particular circumstances with an attorney.

Read more
Answered on 11/18/03, 2:25 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California