[dawne42974]

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]

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]

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.