YOUR CHILD IS NOW LIVING OUT OF STATE . . .
You call your local San Bernardino Divorce Attorney and complain your x-spouse left California with your child and set up residence out of the state. You also complain that now she is bringing a motion in the other state to modify the custody order you and your San Bernardino Divorce Attorney fought hard to get. Can this be possible you ask?
Under the Uniform Child Custody Jurisdiction Act [UCCJA] and Family Code Sections 3400-3425 you are advised that "California may assume jurisdiction if it is the child's home state at the time the action is commenced. Under the UCCJA you may be able to cause your x-spouse's out of state law suit to be dismissed for lack of jurisdiction.
Here is the test:
Has California been the child's home state within SIX MONTHS before the action is commenced?
Is the child absent from California because of removal or retention by a person claiming custody of the child or for other reasons; and
Does a parent or person acting as a parent continue to live in California ???
Where ORDERS have been made in California regarding Custody and/or Visitation and a least ONE PARENT still remains in that State/County then that State/County still has jurisdiction over the child . . .
IF YOU SIT AND DO NOTHING AND THE OTHER PARENT WAITS SIX MONTHS BEFORE BRINGING AN ACTION YOU MAY LOSE JURISDICTION AND HAVE TO DEFEND YOURSELF IN THE OTHER STATE !
A child's "HOME STATE" is the state in which the child has lived with one or both parents, or with a person acting as a parent, for a least 6 months immediately preceding months or, if the child is less than 6 months old, from birth.
A person acting as a parent is one having PHYSICAL CUSTODY of the child.
Call your local San Bernardino Divorce Attorney for more . . .
Thanks,
FRANK J PRAINITO
909-884-2191
