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This is a question for family law research. Not on an actual case. Dealing with family law and military family custody cases.

Ladera Ranch, CA |

Scenario a military married couple with a child stationed in San Diego. The couple moved here with the intent to stay only for a tour of duty of three years their families are in New York. By federal law they can remain residents of New York they pay taxes in NY drivers license are NY etc. Military spouse files for divorce in CA. Now the child in a custody case can be claimed by California to have CA as its state of resident. The mother is left single in a state with no support system forced to stay in CA if she wants to be with the child. Mother wants to go back to her home state with her family and support system. Father wants child in CA because he is stationed there. After a few years mother continues to have a financial hardship making it in a State with no family support

Attorney Answers 4


  1. I am sorry your friend is going through this. Thus I changed the topic to divorce as it is a jurisdictional question. I had a case similar and in San Diego. I successfully petitioned to quash the San Diego case and move it to Michigan. However, I did that at the start of the case and time is of the essence. Attorney assistance will be suggested.

    Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and offers free consultations. The response provided in this forum is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes only and should not be relied upon without further consultation with a legal professional after all relevant facts are disclosed and considered. DANIEL S. WILLIAMS, ESQ. LAW OFFICES OF DANIEL S. WILLIAMS 500 LIGHTHOUSE AVENUE, STE. A MONTEREY, CA 93940 (831) 233-3558 -- OFFICE (831) 233-3560 -- FAX


  2. Mr. Williams is very kind. Avvo is not the correct site for you. It is not for hypotheticals.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  3. Pretty common scenario, you have a question?

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I give a 100% effort to get you on the right track with your issue. Sometimes that means legal educational information, sometimes that means counseling and non-legal guidance. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.


  4. It seems that you may be on the wrong track. Residency of the parties in order for a court to have personal jurisdiction is not the question. The question is which court, if any, has subject matter jurisdiction under the Uniform Child Custody Jurisdiction Enforcement Act and the Parental Kidnapping Prevention Act. The two questions are not the same, and may have different answers.

    You also state "after a few years" the mother "continues to have a financial hardship." That implies that a final order may have already been entered, in which case you are looking at a child custody modification case, which is governed by different standards from initial custody decisions.

    The fact that one spouse is in the military may affect factual determinations, but the military service does not affect the law that is applied.

    This response is for information purposes only, it does not create any attorney-client relationship. Responses to questions posted on this Forum are of a general nature only. Because it is not possible to have all of the facts of your issue addressed in this forum, you should consult with an attorney to review the unique circumstances specific to your situation. www.TheSchollLawFirm.com

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