How to Establish Jurisdiction for Child Custody in California
Our previous blog post discussed some of the complications and nuances involved when more than one child custody suit is filed, and filed in different states.
As the last blog post reported, music star Post Malone and his ex-fiancée have both filed for child custody – though Post Malone filed in Utah, and the mother of the child filed in California. At the time of writing, reports are still conflicting on which suit was filed first, though it appears likely that the California suit was filed prior to the Utah suit.
As laid forth in the previous article, which venue was called upon first will matter if both courts would, ordinarily, have jurisdiction over the case. In such a scenario, it is possible that because the California suit was filed first (if it was) then California would likely be the venue processing the case and applying its laws.
Which state has jurisdiction to hear your case can have major ramifications – a parent living outside that state will likely have to travel at some points, and, importantly, the law applied will be that of the processing state. That can end in very different orders, from state-to-state.
But before you just head off to file your child custody suit in whatever place applies the law most favorably to your position, it is important to understand that the court in which the case is filed must have jurisdiction to hear that case.
So, how does one establish jurisdiction in California?
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
While family law is largely developed individually at the state level, today, all states implement the UCCJEA. This Act was created in order to enable the most correct state to assert its jurisdiction over child custody issues.
While exceptions definitely exist, the UCCJEA generally gives child custody jurisdiction to whatever state is the child’s “home state.” This makes sense – it will be convenient, in most cases, for parents to participate in court proceedings in the “home” state that the child has been living in, and that place would, arguably, have the highest interest in how that child’s life progresses moving forward.
So, how do you establish which state is the child’s “home state”?
California
In California, Family Code Section 3421(a) lays out tests that have been established to determine whether California should exercise jurisdiction over a case:
Child’s “home state”: California may exercise child custody jurisdiction if California is the child’s home state when the case commences, or it was the child’s home state within six months of the commencement of the custody proceedings, AND a parent/person acting as a parent currently lives in California.
The “Home state” is the state where the child at issue lived with a parent or person acting as a parent for at least six consecutive months immediately prior to the commencement of the custody proceeding (or where the child lived since birth, if younger than six months).
One can easily think of situations where the above cannot be met. For example, what of a child who was born in Oregon in June, but in August, the mother separated from her husband and moved back in with her parents in California? If child custody proceedings are desired in September, what is the mother to do?
There are steps you can take and strategies to implement that an experienced family law attorney can guide you through, including strategies tied to significant connection or the passage of time. Contact our office to discuss your options further.
Contact the Law Office of Bradley S. Sandler
Jurisdictional complications can be confusing at the best of times, let alone when important issues regarding your children are involved. The experienced divorce attorney at the Law Office of Bradley S. Sandler is here to help. Contact our office today to begin working with our team.
Sources
https://courts.ca.gov/sites/default/files/courts/default/2024-12/btb_23_5f_1.pdf