Ask Experts Questions for FREE Help !
    dawne42974's Avatar
    dawne42974 Posts: 1, Reputation: 1
    New Member

    Mar 17, 2009, 02:58 PM
    Which State has Jurisdiction?
    Here is my situation:

    Exhusband we will refer to as "EH" and minor child "K"

    EH is active duty military member stationed in California, but is a RESIDENT of Missouri, his home state. I left him in January 2002 and moved to Mississippi with "K" who at the time was 4 years of age in order to be closer to family.

    EH filed for divorce in California in October 2002 and it wasn't granted until April 2003. He has seen "K" for regular visitation during summer and christmas breaks. I have tried to schedule mediation appointments in regards to disagreements concerning visitation several times and "EH" refuses to attend them.

    I relocated with "K" to Alabama in February of 2003. We have remained residents of Alabama since February of 2003.

    I recently hired an Attorney in Alabama to move and modify our divorce/visitation order due to the original order not providing specifics in regards to dates of visitation, etc. "EH" is claiming that California has jurisdiction, my Attorney claims Alabama should have jurisdiction. "EH" has not responded to our petition and his 30 days have passed. He also has not hired counsel in California. Which State has jurisdiction in this situation? Please remember that "DH" is active duty military and not a permanent resident of California. He currently resides on a military installation.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert

    Mar 17, 2009, 05:41 PM

    Since from the sounds of it your saying that everything originated in Calif including original custody then Calif has jurisdiction. So long as he remains there then I believe your lawyer is out to make a fast buck at your expense. Did he saw why the laws should be bent in this case ? Uniform code of jurisdiction ?
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
    Ultra Member

    Mar 17, 2009, 10:57 PM

    California has jurisdiction over child custody. Now, this assumes that the current custody orders were entered in California.

    It doesn't matter what state your ex considers his state of residency. This is irrelevant under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (this is the uniform act that governs child custody jurisdiction--Alabama has EXACTLY the same law in this regard as California so if your Alabama attorney hasn't heard of it have him do his homework-- Google it or wikipedia it if you want to read about how it works). Under the UCCJEA California has continuing exclusive jurisdiction over child custody as long as your ex continues to reside in California. That's all there is to it. The only way around it is if a California court were to relinquish jurisdiction to Alabama, which you can forget about because it's never going to happen (we have fairly new case law in California that says a court cannot do so unless the non-custodial parent has all but abandoned the child and a substantial period has passed).

    It doesn't matter that your ex has ignored your petition and more than 30 days has passed. It's irrelevant. Alabama has no jurisdiction over this matter. Period. No juridiction under California law AND none under Alabama law. Your ex is entitled to ignore your petition. Plain and simple.

    As far as you ex being in the military, that doesn't matter. The official comments to the UCCJEA state that "residence" is not to be understood as technical domicle.

Not your question? Ask your question View similar questions


Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.

Check out some similar questions!

Jurisdiction change [ 8 Answers ]

I just stumbled across this site. I am in desperate need of legal advice. My daughter was born in CA and I lived there with her and my ex till she was 2 1/2. We divorced and he agreed that I could move back home to NJ with her. We have legal paperwork and already went to court once in CA for...

Change jurisdiction from CO to FL [ 2 Answers ]

I moved to Florida with my daughter in 2001. The original child support order is in CO where my daughter was born. How do I go about changing the jurisdiction to the Florida courts?

Change of Jurisdiction [ 1 Answers ]

I have been trying to find out how to change jurisdiction for upcoming court cases. My ex takes me back to court every 2 years to increase my child support payments. I recently moved to FL from GA. The divorce and child support modifications have all been done in GA. Now I want to modify the child...

Jurisdiction change [ 16 Answers ]

Hello, I have custody of my son and we have been living in Alabama for 8 years. My divorce decree occurred in TN. I need to change jurisdiction because my husband has broken our agreement regarding his visitation with my son. I do not have a lawyer in AL but I do know I need to get...

Law and Jurisdiction [ 5 Answers ]

I have a discussion due on the importance of Law and Jurisdiction. This is what I have so far on law : I am having troube with the Jurisdiction part. I have read in my text about the different courts, and understand them, but I am stuck on the importance of Jurisdiction. Any help would...

View more questions Search