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Originally Posted by yoliulloa

the lawyer didn't say anything about transferring the case. he just said exactly if you and the children now reside in california, both cases fall under ca jurisdiction now. now i am not sure what is right.

i think the only thing i can do is file a motion to dismiss for the child support and a request to relinquish jurisdiction for the custody case. do you recommend anything else? do i need specific reasons to request that jurisdiction be transferred?

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Lawyers are not infallible, neither am I. But my interpretation of the law is that, as long as one of the parties in a custody case remains in the original jurisdiction, then that jurisdiction still applies. While it may be possible to transfer jurisdiction, a petition to do so has to be submitted to the court that has jurisdiction and is not automatic. If both parties have moved from the jurisdiction, then jurisdiction rests where the children live. A petition to change jurisdiction can then be filed with a court local to where the children reside.

I would suggest consulting Family Law specialists in both states. Many will offer free consults. Also some law schools will have clinics that may help you prepare the petition is you want to go pro se.

I do wish you luck. Our purpose here is to help you understand the law so you don't waste time with court motions that will be denied.

I hope you will keep us posted.

Thank you so much. You have been very helpful. I found a legal aid office here in OC that should help me. It says that all domestic violence cases are free regardless of income and this case was heard in the FV NM court so I am hoping I can get some type of help to petition a local court here to change jurisdiction. I will definitely keep you posted. I have court the 28th of this month. I will file for a telephonic hearing because, one I do not have the finances to go, and two I am actually scared of being in a city where my ex can possibly do something to me. So just knowing I can do it over the phone is a HUGE relief. Again, thank you all for your advice I will keep you updated. Califdadof3 thank you for the link I am going to read it now.

Update. I contacted OC legal aid and they transferred the case to an attorney for the legal aid in albuquerque. That attorney filed all motion paperwork and the existing OC court order with the NM court. NM court has agreed to dismiss for lack of jurisdiction. Thank you all so much for your patience with me and especially your helpful comments.

Thanks for posting an update and I'm glad everything worked out all right.