When a court has jurisdiction over a case, it has the legal authority to make rulings and decisions regarding the issues and the parties. Jurisdiction can usually be found where the parties and property at issue are located. However, it can be less clear in a custody case when the parties and their children reside in different communities. Therefore, if you are involved in a California child custody matter, you need to know: How does jurisdiction work in a California child custody case?
California Child Custody
There are two types of child custody, legal and physical. Legal custody refers to a parent’s authority to make decisions regarding their child’s health, education, and well-being. Physical custody concerns a child residing with a parent.
In a California child custody case, the court will examine the evidence and make custody decisions that are in the child’s best interest. Parents will often be given equal decision-making authority and shared time with their kids. This is referred to as joint custody. When one parent has primary or sole legal and physical custody, they can usually make decisions without the other parent’s agreement, and the child will live with them most of the time.
California child custody courts are designed to make decisions based on the most current and relevant information available. This may include school records, counseling information, and community activities. Where a child lives and how long they have lived there is an important part of that consideration.
Jurisdiction within California
Generally, when parents and their kids live in California, jurisdiction will attach in the county where the child has resided with their parent for six months immediately preceding the filing of the custody action.
Interstate Jurisdiction in a California Child Custody Case
When determining child custody jurisdiction between states, it will be important to assess where the kids are located and how long they have resided there. This is because child custody jurisdiction usually depends on where the child is living and has been living.
Like most other states, California courts follow the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA states that jurisdiction over a child’s case is in their “home state.” The home state is where the child has lived with a parent for six consecutive months before the beginning of the case or since birth for children younger than six months.
Some other basis for the California court’s jurisdiction is that the child and at least one parent have significant connections with the state, it is a more appropriate forum for the case, and something called “vacuum jurisdiction,” which is invoked when a child has not been in any state long enough to establish jurisdiction. Additionally, if there is an emergency concerning the child’s safety, the court may be able to exercise jurisdiction.
The UCCJEA is usually applied when looking at cases where there are citizens of different states. However, it is also useful for a California parent who is seeking to establish that California is the court with jurisdiction to decide custody when the other parent resides in another country.
Jurisdiction can be complicated, and it’s important to work with an experienced California family law attorney during your case. Your family lawyer can help you understand the applicable law and determine where your custody case should be filed.
Contact a California Child Custody Attorney
The attorneys at the Law Offices of Judy L. Burger are experienced child custody attorneys who can help. Call us at 415-293-8314 to schedule a private appointment or visit our website. We assist 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.