Legal Question in Family Law in California
voiding out a past state custody order to a current state
Can I start a new child custody case in another state even if in the other state the court order has been recommended for the child to live with the mother at the current time which was in 1996? What is the legal age for a child to say where/with whom the child wants live with in the state of California and Tennessee? What if the father has left the state where the child was born can the father start a new court order where he lives for the child as long as the child is with him. What if he has an attorney to represent him and the child? Can a court change the order if the child is unhappy living with the present parent to the other parent where the child will be happy?
1 Answer from Attorneys
Re: voiding out a past state
Jurisdiction remains in the state that issued the original order as long as one parent still lives there. If both parents move out of state then a new state can hear the case.