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
Divorce / Separation Lawyer
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.
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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.
2 lawyers agree
Pretty common scenario, you have a question?
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Family Law Attorney
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.
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