The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) determines the proper jurisdictional situs between interested states. In California, the UCCJEA is the exclusive method used to determine jurisdiction in custody disputes, which must be satisfied before any court in California can make an initial or modified child custody or child visitation determination. Other states' custody orders must be given full faith and credit in California, so long as the forum court exercised jurisdiction in substantial conformity with the UCCJEA.
The UCCJEA applies in all proceedings involving child custody, marital actions, juvenile court dependency, termination of parental rights, guardianship, paternity, and domestic violence.
The UCCJEA has strict guidelines: (1) physical presence or personal jurisdiction is not enough; (2) priority in time is not enough; (3) the best interests of the child are not considered in determining jurisdiction; and (4) additional criteria apply when asked to modify out-of-state custody orders. The party initiating a California custody proceeding bears the burden of establishing jurisdiction. California gives absolute priority jurisdiction to the child’s home state.
A California court can also exercise custody jurisdiction if all of the following conditions are satisfied: (1) No other state has “home state” jurisdiction, or has declined to exercise its jurisdiction; (2) The child and child’s parents, or child and at least one parent or person acting as a parent, have a significant connection with California other than mere presence.
If you need an attorney to help you establish jurisdiction in California in order to bring an action in court, you can count on Jos Family Law to give you valuable advice and help you through the process. Please contact us for a free consultation at (714) 733-7066 or jos@josfamilylaw.com.
Yes, a family law attorney in Orange County can handle cases that involve multi state jurisdiction. These cases can be complex & may require knowledge of the laws & regulations in multiple states. An experienced O.C. attorney will be familiar with the legal intricacies involved in these sorts of cases & can provide guidance & representation to ensure the best possible outcome.
A multi state jurisdiction lawyer can help in your family law case by navigating the legal complexities that arise when multiple states are involved. They can assist you in establishing which state has jurisdiction, address child custody plus visitation concerns, & meet legal requirements. They will defend your rights & interests throughout.
Several factors can determine which state has jurisdiction in a multistate family law case. These may include the location of the parties involved, the residence of the children, & the state where the marriage took place or ended. A multistate jurisdiction lawyer will carefully evaluate these factors to determine the appropriate jurisdiction for your case.
The time it really takes to resolve a multistate family law case can genuinely vary depending on diverse aspects, such as the intricacy of the case & the teamwork of the parties involved. Work together with your attorney to design a plan that effectively handles your individual circumstances & seeks a quick settlement.
When hiring a multi state jurisdiction lawyer in Orange County, it is important to look for experience & expertise in handling multi state family law cases. Consider their track record of success, their knowledge of relevant laws, & their ability to effectively communicate & advocate on your behalf. It is also essential to feel comfortable & confident in their abilities & to have open & transparent communication throughout the process.
The cost of hiring a multi state jurisdiction lawyer in Orange County can vary depending on diverse aspects, such as the complexity of the case & the attorney's experience.