Parents who are new in California or have been residents for years, will eventually discover that jurisdiction is a vital issue in their child custody case. Residency requirements are also applicable.
A child custody determination revolves around the judgement or order of a court that provides legal custody, physical custody, or visitation with respect to the child. It includes permanent, temporary, initial, and modification orders.
How to know if Roseville courts have jurisdiction to make initial child custody determinations?
The involvement of registered LDAs will make your legal papers establish your ground. But we also want to highlight the role of jurisdiction in child custody matters. The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) provides exclusive ground for Roseville court’s jurisdiction to make an initial child custody determination. Overall, the court has jurisdiction if:
- California is the child’s home state
- The court of another state does not have jurisdiction or has declined to exercise it.
- Other courts have the power for jurisdiction but have refused to implement it due to the belief that a court in California is a more reliable forum.
- No other court of another state has jurisdiction under the grounds mentioned above.
Child’s Home State
A child’s home state is defined as the state where a child lived with a parent or one acting as a guardian for 6 whole months right before the official divorce proceeding. If the child is a newborn less than 6 months old, then the state where the child has been living with the parent or guardian is considered the home state.
Two particular instances can establish jurisdiction in Roseville. The first is when California is the child’s home state on the date of the commencement of the divorce proceeding. The second is if California is the child’s home state within 6 months before the proceedings have begun but the child is absent there currently while one parent or guardian still stays there.
A guardian of the child who is not a biological parent but is granted responsibility when he/she:
- Has physical custody of the child.
- Has physical custody for continued 6 months within 1 year of the divorce proceedings.
- Has been awarded legal custody by court or claims a right to legal custody under California law.
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No other home state
When in Roseville, a court of California may grant jurisdiction if the child has no another home state. For any court’s decline of jurisdiction on the reliance of California’s court, the following conditions must be followed:
- The child and the parents, or the child with one parent or guardian must have a strong connection with California other than just physical presence.
- There is sufficient evidence available in California regarding the child’s care, protection, training and personal relationships.
There are other rules depending on the scenario. Our professional and compassionate LDAs try their best to make your custody documents foolproof to secure a happy ending.