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
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.
Pretty common scenario, you have a question?
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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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