Legal Question in Family Law in California
Transfer my court case from California to Utah
I have a Custody/ Divorce case with Ventura, CA Court system since 1995 and I have moved out to Utah back in November of 2002 which the court granted. What do I need to de to get my case transsfered here. Also, the father of the kids still lives in CA and had the court order a trial on the custody issues and the court keeps moving the case forward to different months. (April, June now its schedule for August 2003) What do I need to do to get the case brought here so I can get this case closed?
3 Answers from Attorneys
Re: Transfer my court case from California to Utah
Jurisdiction remains in California as that is where the children reside. Have an attorney appear on your behalf. Call me directly at (619) 222-3504.
Re: Transfer my court case from California to Utah
You can refile here and ask for a transfer of jurisdiction under the Uniform Child Custody and Jurisdiction Act. That law, enacted both in Cal and Utah provides that the state where the children have lived for the previous six months is the proper place for a case to be resolved. It is a bit technical, so make sure your attorney knows about the law.
You may call for a free consultation (801) 876-4422
Re: Transfer my court case from California to Utah
Since you have an order from the California court, that court can retain jurisdiction as long as one of the parties or children still live in California. You will need to get the consent of the California judge before you can move jurisdiction to Utah. Since there is a matter pending it is unlikely that will happen. You should have a California attorney who can advise you on these matters. Making such a request may be detrimental to your case. You need the advise of someone who knows that facts and the judge. Good Luck, Pat McCrary