Interstate Child Custody Laws in California

What You Need to Know About Interstate Child Custody Laws in California

Many children are born to parents who live in different states. Here’s what you need to know about interstate child custody laws in California.

There are conditions a child custody case must meet to be decided in any state. Interstate child custody is governed by the Uniform Child Custody Jurisdiction and Enforcement Act.

What is Interstate Child Custody?

Interstate child custody applies to children of separated parents who now live in different states. If the parents of the child live in the same state at the time the custody order is filed, then that state’s child custody laws will apply to the case.

If the parents of the child live in different states at the time the custody order is filed, the Uniform Child Custody Jurisdiction and Enforcement Act applies.

What is the Uniform Child Custody Jurisdiction and Enforcement Act?

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is an act accepted by 49 states, and sets the precedent for when a state court can make a custody decision and when a state court must honor another state court’s existing custody decision.

The UCCJEA helps maintain consistency among child custody cases throughout the country, and also prevents issues of parental child abductions or custody disagreements.

When Can the California State Court Make a Custody Decision?

A state – in this case, California – has the authority to make a child custody decision if the case meets any of the three following qualifications.

California is the child’s “home” state, meaning the child has lived in California for the last six months or was living in California but is not there currently because a parent took the child or kept them out of the state.
The child has significant connections in California, such as ties to figures like teachers, doctors, or grandparents – proving that much of the child’s care, protection, and personal relationships are based in the state.
The child is in California, and has either been abandoned or is at risk of abuse or neglect if they are sent to the other state.

If another state court can also meet at least one of the above qualifications but declines to make a custody decision, the California state court – if any above qualification is met – can make a custody decision for the case.

Reasons for Filing Outside of the “Home” State

In limited circumstances, the child’s “home” state court may decline to make a decision on a child custody case. For example, if a parent involved in the case shows that the child’s “home” state is an “inconvenient forum,” the state could decline to make a decision. A child’s “home” state can be determined an “inconvenient forum” by the state court after weighing several factors, such as where the involved parties currently reside, the family’s financial situation, and the length of time that the child resided outside of their “home” state.

In emergency circumstances, such as if the child’s well-being is in danger or a parent is suddenly no longer able to care for the child, another state court could make a decision. It is important to note that any order issued by a state that is not the child’s “home” state is temporary.

If a parent attempts to file a custody action in a state court unjustly, the court must decline to make a decision on the case.

FAQs about Interstate Child Custody Laws in California

What does a child’s “home” state mean?

A child’s “home” state is the state the child has lived in for the last six months, or the state the child was living in but is not in currently because a parent took or kept the child out of the state.

Can a custody decision be made in more than one state?

No. Additionally, no state can alter, modify or update the original state’s custody decision.

How long does a state retain jurisdiction over my child’s custody case?

Generally, a state retains jurisdiction over the child custody case. This could only change if neither the child nor either parent lives in the state or the child and parents have no significant connections to the state, and significant evidence of personal connections in another state is presented.

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If you or a loved one have any more questions about interstate child custody laws in California, contact us. Get your free consultation with one of our experienced Family Law Attorneys today!