I live in California. I have my son six weeks in the summer and two weeks in the winter and during Spring break. Father lives in another state. Our custody visitation was established based upon them moving to another state. He now wants to change venue to Idaho to modify the custody. He now wants my son every other year for Christmas leaving my family to see my son six weeks and wait every other year to see twice a year. He has him full time. I still have connection with my son in California. My child support that I pay is also here in California. Everything was finalized in California. Who has jurisdiction? Base upon my consultation with some lawyers they're advising me that the state the father resides in will not or can't have jurisdiction. Just seeking for the same answers. I thought as long as I'm still residing in California it will stay within the state. Although I'm not living in that county anymore it still should stay in California. Also is it possible if I can transfer th case to my county or will it just stay in that county?
You can go to the Court that currently has jurisdiction in California and request to transfer the case to the area where you currently live. It would be up to the Court as to whether or not they will transfer the case. Contact an experienced family law attorney to assist you. Good luck.
A judicial determination that all parties no longer reside in CA is required to divest CA of continuing, exclusive jurisdiction. It is not the parties' departure itself that terminates the decree state's exclusive, continuing jurisdiction. Rather, it is when a “court … determines” that all parties have ceased residing there that jurisdiction is lost. (Fam. Code §3422) The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), codified in Family Code §§3400 - 3425, provides the exclusive method for determining subject matter jurisdiction in child custody cases in California.
Based upon the facts you have presented, it is highly unlikely that a CA court would divest itself of its exclusive and continuing jurisdiction. Your ex can "try" to change jurisdiction by way of application to the court, but success is rather unlikely as both parents do not live in Idaho.
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