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How long did I need to reside in a county before I can file for custody?

La Mesa, CA |

I just recently moved to San Diego from Los Angeles with my son . My ex boyfriend of 7 . 5 years ( son's father ) still lives in Los Angeles . Do I need to be in San Diego county for a certain amount of time before I can file ? I have heard mixed things and can't seem to find the answer on line . In my case , I physically moved out of the house we lived in together Dec . 14th . I have no support in Los Angeles , and have family support in San Diego so that is why I moved here .

Attorney Answers 2


  1. Best answer

    Generally jurisdiction is done by state. You technically can file for child custody anywhere within the six months you're in the state if there is no open case already but you can't file for divorce unless you're in the county as least 3 months.
    You should be fine now to file if you've lived in the state for 6 months and in the county for three months.

    This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation. Call us for more information. 619.797.5456 www.mataelelaw.com


  2. I gather that you weren't married to your ex. If you and your ex lived in California for at least six months, you can probably file in San Diego immediately. I suggest that you contact an experienced family law attorney to assist you.

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