What You Need to Know About International Child Custody Laws in California
There are laws for child custody orders involving parents residing in different countries. Here’s everything you need to know about international child custody laws in California.
Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), a California court must treat a foreign country as if it were a state of the United States for the purpose of applying the general clauses of the Act. The federal child custody laws under this act require state courts, including California, to recognize and enforce international child custody determinations made by foreign courts—in some circumstances.
Terms and Definitions to Know
Child Custody
Child custody refers to parents’ rights and responsibilities for taking care of their children. Either parent in California may have custody of the children, or the parents can share custody. The final determination of custody is made by a judge. There are two types of custody: legal custody and physical custody. Both types of custody may be sole and/or joint.
Legal custody refers to who makes important decisions for a child (like health care, education, and welfare). Sole legal custody is where one parent has the right and responsibility to make important decisions about the health, education, and welfare of a child. Joint legal custody is where both parents share the right and responsibility to make important decisions about their child’s life.
Physical custody means who the children live with. Sole physical custody means the child lives with one parent most of the time. Joint physical custody means the child lives with both parents. (Usually, when the child spends a little more time with one parent than the other because of the difficulty of equally splitting the time, one is referred to as “primary custodial parent.”)
Related: Legal vs Physical Custody in California: The Difference
Jurisdiction
Jurisdiction refers to the power of a court to examine cases and issue orders
Home State
A home state is a state in which a child lives with a parent or a person acting as a parent for at least 6 consecutive months before the beginning of the child custody proceeding.
International Child Custody Laws in California
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
The UCCJEA is the federal act that requires states to enforce valid child custody and visitation determinations made by other state courts. Under the act, every state, including California, must treat a foreign country as if it were a state of the United States for the purposes of applying the general provisions of the Act and the provisions made in a foreign country even if it has not adopted the Uniform Act. The UCCJEA does not prescribe standards for making or modifying child custody orders, rather it determines which state (or countries) have and should exercise jurisdiction to do so. A court must have jurisdiction before it can move to consider the merits of a case. A California court has jurisdiction to make an initial child custody determination if one of the following is true: California is the child’s home state, a court of another state does not have home state jurisdiction (or declines to exercise jurisdiction), and there is a significant connection with California.
Related: Family Code Section 3400: UCCJEA in California
The UCCJEA requires state courts to recognize and enforce custody determinations made by foreign courts, only under factual circumstances that conform with the UCCJEA’s jurisdictional standards. As aforementioned, state courts must defer to foreign courts as if they were state courts. However, state courts do not need to enforce a foreign court order nor defer to a foreign court’s jurisdiction if the child custody law of the foreign country violates fundamental principles of human rights.
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If you or a loved one have any more questions about international child support laws, contact us. Get your free consultation with one of our experienced Child Custody Attorneys today!