Changing Jurisdiction for Child Custody Orders
Parents without full legal and physical of their children must get permission before taking them out of state. Here’s how to change jurisdiction for child custody.
To change jurisdiction for child custody, parents must file a petition for relocation. If your petition for relocation is approved, you must petition to domesticate the order in the new state you reside in. If your petition to domesticate the custody order is approved, the new state essentially adopts the existing custody order.
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), parents without full custody of their children cannot take their children or file for divorce out of state. Parents without full legal and physical child custody can only do so with the court’s or other parent’s permission.
Every state, except for Massachusets, has adopted UCCJEA’s uniform guidelines. Some parents may want to move out of state for legitimate reasons; they cannot do so without following the UCCJEA.
If you’re filling for divorce, you must file for divorce in the state your children have lived in for at least six months. Parents cannot file for divorce or child custody in a new state unless they and the children have lived there for at least six months.
For example, let’s assume you recently moved to Oregon after getting divorced in California. If you’ve lived in Oregon for less than six months, Oregon courts do not yet have the legal authority to modify or decree your child custody order. However, you may be able to modify or request a child custody order after living in Oregon for at least six months. These rules and procedures go for every state.
File a Petition for Relocation
To legally move your children out of state, you’ll need to file a petition for relocation in the state you’ve resided in for at least six months. In court, the parent seeking to take the children out of state must prove why moving to the other state is in the child’s best interests. The child’s other parent will have the opportunity to contest the request and argue in court as well.
If a judge believes the move is warranted and fits the child’s best interests, they may approve the petition for relocation. Parents can want to move out of state for many good reasons, like a new job or a safer living environment. A judge will consider these factors when deciding whether to approve the petition for relocation. However, recognize that the judge may heavily consider . If you don’t have full custody of your children, the judge will probably consider your former partner’s parental rights. In the eyes of the law, parents that share joint custody or don’t have an existing custody order are equally treated in court and have the same parental rights. The judge will make the order they believe is in the child’s best interests.
Filing a petition for relocation and changing jurisdiction for child custody is a very complicated and important process. Hire an experienced child custody attorney to make sure the process is properly completed. To best protect you and your child’s rights when changing jurisdiction, contact us. We’ll get you in touch with the right child custody attorney for you.
Domesticate the Order in Your New State of Residence
Once your petition for relocation has been approved by the judge in your old state, seek to domesticate the custody order in your new state of residence. The custody order will not be enforceable in your new state of residence until you domesticate it. This means that if your former spouse is violating an existing child custody or support order, you will not be able to legally enforce it in your new state of residence.
Parents seeking to change jurisdiction for their child custody order must prove the court why doing so is in the best interests of your child. A judge may approve your petition to domesticate the order if doing so is in the best interests of your children.
“Forum Non Conveniens” (Inconvenient Forum) for UCCJEA in California
Under California Family Code Section 3427, California courts can decline jurisdiction of a case and decide that another state’s court hear the case. If a California court is deemed an inconvenient forum to hear a custody case, legal proceedings can be taken to another state.
A California court can be found to be an “inconvenient forum” to hear the custody case for many reasons, including:
- If both parties agreed to have another state assume jurisdiction
- How fast and effectively each court can move forward with custody proceedings
- Each court’s familiarity with the case and issues at hand
- Lengths of residency
- Each parent’s financial ability
- The physical distance between each State’s court
- Whether domestic violence occurred
“Forum non conveniens” is typically argued by the parent filing a noticed motion with the court. However, a California court can be argued an inconvenient forum by the state requesting jurisdiction or the California court itself.
What is the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) in California?
The UCCJEA is a federal law adopted by California that governs family law matters, particularly when courts have the legal authority to create, modify, issue, or enforce a child custody order.
Contact Us
If you’re looking to change jurisdiction for child custody to or from California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Your first consultation is free. We’re here to help 24/7.