Legal Question in Family Law in Mississippi

Re: Modifying custody order

Modifying a custody and visitation order that was made in another state is complex. However, if neither parent resides in the state that made the statt that made the oridinal custody order, then the state in which the children reside in would probably be the state which will take jurisidiction. You should consult with an attorney with experience in this area as soon as possible. The issues are too complex for most individuals to do themselves.

Re: Modifying custody order

In July, the Mississippi Legislature changed its Uniform Child Custody Jurisdiction Act. For your consideration, a copy of the revised law is at:

http://index.ls.state.ms.us/isysnative/UzpcRG9jdW1lbnRzXDIwMDRccGRmXGhiXDA4MDAtMDg5OVxoYjA4NzNzZy5wZGY=/hb0873sg.pdf#xml=http://10.240.72.35/isysquery/irl9afe/5/hilite

The threshold question is whether Mississippi is the home state of the children. The definition of "home state" is where the children have resided for the six months preceeding the action before the court. Periods of temporary absence are included in the six months. Your facts indicate that Mississippi is the home state and the children have been in California for a temporary absence. However, it is debatable whether an absence for the school term is a temporary absence. Also, while you might litigate in California, it might be more cost effective to litigate in Mississippi and avoid the jurisdiction question.

Re: Modifying custody order

As I understand your stated facts, your husband has not been served with any papers from Mississippi. Assuming that your husband has no "legal minimum contacts" with Mississippi, that court could not have jurisdiction over any issue other than custody and visitation. At such time as the children have been in California for a period of six months you may then file a certified copy of the judgment with the California court with the appropriate venue and then move to modify that judgment here in California. As for child support, you will probably need to file a separate motion in the State of Mississippi to modify the child support, unless the mother has "minimum legal contacts" with California. Talk to a custody attorney who is familiar with interstate justisdicition issues and plan to file you motion as soon as the children have been in California for six months. There are some assumptions in that advice so you must go over the issues with the attorney. Do that now so you will be prepared if she brings a motion (California can exercise emergency jurisdiction) or when the six months runs. Good Luck, Pat McCrary