Legal Question in Family Law in Indiana

uniform child custody jurisdiction act

my boyfriend's children have lived with him for two years. His ex-wife still has legal custody orders from the superior court of California. Half his net wages are being garnished for child support arrears. The government agency that is enforcing the order claim that his ex-wife has to give them permission to stop the garnishment and she refuses. I have tried to get the papers filed in california to stay the wage assignment with no luck I will keep trying. Here are my questions: if he files for custody under the UCCJA on abandonment grounds, would that automatically terminate his ex-wife's parental rights. She is just as responsible for her children's support as he is and she not only doesn't pay support she causes him to be able to support them without help from others. I'm sure that is abandonment if not endangerment and neglect. I think it is all three. also, can I sue her for the money I have spent helping him support them once we get the garnishment stopped. The amount is getting close to over the small claims limit.


Asked on 3/30/04, 11:36 am

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: uniform child custody jurisdiction act

If mother continues to reside in California, then California will always have jurisdiction over custody and support of the children. Perhaps a petition to modify custody rather than to merely stop support from being paid is the appropriate remedy in a California Court. UCCJA will not give Indiana jurisdiction so long as one party continues to reside in the state where custody was originally ordered. The decree could be registered in Indiana, but if she still lives in California, Indiana has no jurisdiction.

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Answered on 3/30/04, 1:39 pm


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