Thousands of people move into California each year. Some of these new residents are parents with children who are subject to out-of-state custody orders. When another state’s court establishes a child’s custodial decisions and the child and their parent move into the state, the original order will need to be transferred to California. Therefore, if you have an out-of-state order, you need to know: How do I transfer my out-of-state custody order to California?
Why do I Need to Register My Custody Order in California?
When a child moves to California and is subject to another state’s custody order, there may not be an issue initially. However, over time it may become necessary for a parent to enforce the order’s terms. However, before a California court can enforce another state’s order, the out-of-state (foreign) order must be registered in the state. Once the foreign order is registered, a California court will have it on record, making it enforceable. It’s generally best to register a child custody order before an issue arises. That way, if there is a dispute, the parent can take steps to address the matter right away.
Can I Modify a Registered Order?
When a party registers an out-of-state custody order in California, it provides the state with notice of its existence. This action also gives a California court the authority to enforce its terms if there are issues later on. However, the registration process does not give the court authority to modify the out-of-state order.
California law specifically provides that a “court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state” and “shall recognize and enforce, but may not modify,” a registered child custody determination of a court of another state.
How do I Register My Out-of-State Child Custody Order?
When completing the registration documents, you will need to provide two copies of your out-of-state order. These copies will need to be certified by the original court that issued the order. You will also need to file a declaration under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105). Once the registration request is filed, the clerk will notify the other parent. The other parent will then have twenty days to file a response to the proposed registration.
If you have an out-of-state child custody order, you will want to work with an experienced California child custody attorney during the registration process. Your lawyer can help you complete the necessary documents and to plan for potential issues.
Why Would the Other Parent Object to the Registration?
A child’s other parent may want to object to the registration because of a lack of notice issue. There could also be jurisdictional issues with the court that issued the order. In addition, there may be something going on concerning the order at the time the registration is requested.
Getting your out-of-state order registered in California can be complicated, and it’s important to have the right guidance and advice during the process. Additionally, you may also need to consider potential modifications.
The best way to help ensure your order is properly transferred is to work with an experienced California, child custody attorney. Your lawyer can help you evaluate your circumstances and determine the best way to proceed with your out-of-state custodial order.
Contact an Experienced California Child Custody Attorney
The attorneys at the Law Offices of Judy L. Burger are experienced California child custody attorneys who can help you with out-of-state custodial order registration and during all phases of your divorce or custody matter. Our firm assists clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities. Call us at 415-293-8314 to schedule a private appointment or visit our website.