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Change court Jurisdiction

My son and I live in VA(have for 2 years). I have physical custody of him. The original order was in CA and I would like to know what form I need to have CA release jurisdiction. I would like to change it to his state of residence- VA. Thanks

Quote:

Originally Posted by cktamoore

My son and I live in VA(have for 2 years). I have physical custody of him. The original order was in CA and I would like to know what form I need to have CA release jurisdiction. I would like to change it to his state of residence- VA. Thanks

To change what EXACTLY:confused:

I want to change the jurisdiction over the custody and visitation orders to Virginia so they can be modified here... since we live here. Virginia won't change the current order(out of California) until California releases jurisdiction. I don't know whether to use the "order to show cause-for modifacation" form or the application for transfer and order(UIFSA) to get this accomplished.

I do not know where the problem is... California has jurisdiction if one of the parents lives there.In other way there is 6 months limitation only.

Anyway you have to file CCM in Virginia.The Court will decide and correspondence with California.
That is the Interstate Custody act.

My son's biological mother lives in CA but like I said my son and I do not. She was just released from jail on several drug charges-mostly meth. I want to modify the order so she has supervised visitation here in our home state. Since I am active duty military and am on sea duty, I am not at liberty to just fly there to change the current order. I also do not have the financial means to hire an attorney to work for me there. That is why I want to change jurisdiction to our home state... he lives here, I live here and the visitation needs to be changed to ensure his safety.

File in VA.

What is CCM? We got a temporary order from VA already but it is only valid until our next court date(here) in Nov. The judge said we have to request from CA that they relese juridiction... I am asking how to go about that.

CCM?-it is Child Custody Modification.The judge was right-the mother lives in Ca,the order was form Ca... and that means Ca has jurisdiction.You have to go to Ca again and to file to change jurisdiction .

You have to go to the Court which ordered custody.

I know I have to go to the court that ordered custody to have that court release the jurisdiction so that VA can take it and modify it the way is necessary... I am asking what form to file in CA to request them to release jurisdiction.

I have done the same thing in VA. You file a "request to Register" in VA then they deal with it. They will summos her to appear in VA. If she doesn't then jurisdiction is taken over in VA. If she shows up you have to testify to the reasons for VA to take over the case. If she still lives in CA they might not take the case

This thread is nearly a year old no need to respond to it anymore.

Quote:

Originally Posted by Tab_atha2000

I have done the same exact thing in VA. You file a "request to Register" in VA then they deal with it. They will summos her to appear in VA. If she doesnt then jurisdiction is taken over in VA. If she shows up you have to testify to the reasons for VA to take over the case. If she still lives in CA they might not take the case

Sorry, this is not true. Google or Wikipedia the UCCJEA and learn a little about how child custody jurisdiction works. Where there is a stay-behind parent the state that issued the original order retains jurisdiction throughout the child's minority as long as the stay-behind parent continues to reside in the state that issued the order or until the issuing state has relinquished jurisdiction to another state. A California court, however, is NOT permitted to relinquish jurisdiction to another state unless it finds that the relationship between the stay-behind parent and the child has deteriorated to such as point as to make retention of jurisdiction unreasonable. (Grahm v. Superior Court (2005) 132 Cal. App. 4th 1193.) As stated in Grahm, "We find that the California Legislature meant to preserve Kumar's construction of 'significant connection' in section 3422, subdivision (a)(1), and we conclude that the original state retains continuing exclusive jurisdiction as long as the parent who is exercising visitation rights still lives in that state and the relationship between that parent and the child has not deteriorated to the point at which the exercise of jurisdiction would be unreasonable.

This is a very hard test to meet and one not likely to be satisfied on this OP's facts.

In any event the issue appears to be moot as this thread is, as Stina stated, almost 2 years old.

No kidding but she is asking what form and what way to go about that. Im looking for the same information. I need to change jurisdiction from Ca to OR. But I don't know what paper to file.

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Originally Posted by proudmom2

No kidding but she is asking what form and what way to go about that. Im looking for the same information. I need to change jurisdiction from Ca to OR. but I dont know what paper to file.

You are not understanding any of this. There's no "paper" to file. And you do not "change jurisdiction" from one state to another. Either a state has UCCJEA jurisdiction or it doesn't.

What you do, if OR has jurisdiction and you have to run through the analysis to see if it does, is register the CA custody order in OR and then file a motion to modify it in the OR court. But you have to follow the OR procedure for doing that and I doubt very much OR has a simple little form to fill out to do it.