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Custodial Jurisdiction with Interstate Case
Anonymous1 views3 answers
My ex and I conceived in Oregon and I lived with him there for the next three months. He broke up with me, kicked me out, and I moved back to California. Our son was born here and has lived here exclusively. My ex is claiming that California has no jurisdiction over him to establish paternity, custody, child support. As far as I can tell, UCCJEA establishes jurisdiction as the child's home state. What case law is available to challenge his assertion? His attorney is arguing that conception makes Oregon the appropriate forum. How can conception guide jurisdiction? People conceive in all locations (read: trips, cruises, vacations, etc) and it seems inane to have conception rather than birth state or residence state establish jurisdiction.
The Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”), codified as California Family Code sections 3400 through 3465, specifies the mandatory procedure used in California for determining the appropriate forum for child custody proceedings as between two potentially competing states.
The “home state” of a child is the state where the child lived with a parent or person acting as a parent for at least six consecutive months immediately before commencement of the custody proceeding; or if the child is less than six months old, the state where he or she lived from birth with any such persons. 28 U.S.C. § 1738(b)(4); see Cal. Fam. Code § 3402(g); see also Guardianship of Ariana K. (2004) 120 Cal. App. 4th 690, 703.
In your case it appears that your child was born in California and that your child has lived here since birth with you, their parent. Therefore, California is your child's "home state" and has custody jurisdiction. Oregon has adopted the UCCJEA as well and therefore should abide by its terms (see http://www.nccusl.org/nccusl/uniformact_factsheets/uniformacts-fs-uccjea.asp).
It seems your husband's attorney is attempting to scare you into having you go to Oregon to fight custody. I recommend you meet with an attorney to discuss your case.
Richard Forrest Gould-SaltmanFamily Law AttorneyLos Angeles, CA ·
If your ex has an attorney, and is contesting jurisdiction, then you need an attorney, familiar with and experienced in dealing with, interstate custody jurisidiction issues, NOW. This is complex law, and not an area to try and "do it yourself".
The short answer is that California may have jurisdiction only over custody, but not over other issues, which may be properly heard in Oregon.
