Case Conclusion Date:January 1, 2000
Practice Area:Child Custody
Outcome:Judge Reversed by Court of Appeal
Description:The trial judge attempted to send the case to New Mexico despite the fact that the child was born in California. The judge's reasoning was that the husband filed a divorce action in New Mexico. The judge ruled incorrectly because under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), custody jurisdiction is based on the child's home state, not necessarily where a divorce action happens to be pending. I filed a Petition for Writ of Mandate to the California Court of Appeal, Second District and obtained an immediate temporary stay of the order, and ultimately a reversal of the ruling, keeping jurisdiction over custody in California, and allowing my client to change the judge due to the reversal.