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-   -   How do I transfer custody to my state? (https://www.askmehelpdesk.com/showthread.php?t=19316)

  • Jan 31, 2006, 01:51 PM
    Hopeful
    How do I transfer custody to my state?
    I was divorced in Ohio Yrs ago and I live in California. I now have both my children as of October. My daughter already lived with me for 3 yrs, but my son just moved with me in October. Can I file for a change in custody in California or do I need to file in Ohio. My current cusody agreement is in Ohio, But it would be nice if I could file in California
  • Jan 31, 2006, 03:55 PM
    mr.yet
    Link to California Family Law Code'

    http://www.leginfo.ca.gov/cgi-bin/ca...ebody=&hits=20



    This code my help,

    FAMILY.CODE
    SECTION 3421-3430



    3421. (a) Except as otherwise provided in Section 3424, a court of
    This state has jurisdiction to make an initial child custody
    Determination only if any of the following are true:
    (1) This state is the home state of the child on the date of the
    Commencement of the proceeding, or was the home state of the child
    Within six months before the commencement of the proceeding and the
    Child is absent from this state but a parent or person acting as a
    Parent continues to live in this state.
    (2) A court of another state does not have jurisdiction under
    Paragraph (1), or a court of the home state of the child has declined
    To exercise jurisdiction on the grounds that this state is the more
    Appropriate forum under Section 3427 or 3428, and both of the
    Following are true:
    (A) The child and the child's parents, or the child and at least
    one parent or a person acting as a parent, have a significant
    connection with this state other than mere physical presence. (B) Substantial evidence is available in this state concerning the
    Child's care, protection, training, and personal relationships.
    (3) All courts having jurisdiction under paragraph (1) or (2) have
    Declined to exercise jurisdiction on the ground that a court of this
    State is the more appropriate forum to determine the custody of the
    Child under Section 3427 or 3428.
    (4) No court of any other state would have jurisdiction under the
    Criteria specified in paragraph (1), (2), or (3).
    (b) Subdivision (a) is the exclusive jurisdictional basis for
    Making a child custody determination by a court of this state.
    (c) Physical presence of, or personal jurisdiction over, a party
    Or a child is not necessary or sufficient to make a child custody
    Determination.
  • Feb 1, 2006, 08:23 AM
    fredg
    Hi, Hopeful,
    Another good source of information is your local Court House. You could either call, or go see, the person in the Court Clerk's Office. That is where all records are kept, and where filing something for the Court's consideration takes place.
    They should be able to guide you, if you don't have a lawyer to advise you.
    I do wish you the best of luck.

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