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Q: Establishing Legal Child Custody - State of Birth or Residence ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: Establishing Legal Child Custody - State of Birth or Residence
Category: Relationships and Society > Law
Asked by: findinganswers-ga
List Price: $5.00
Posted: 14 Nov 2002 11:40 PST
Expires: 14 Dec 2002 11:40 PST
Question ID: 107790
I have a child for which I need to establish paternity and a range of
other legal issues associated with the child. The child was born in
Utah, where the father still resides but the child and I live in
California. Can you please tell me, when establishing custody and
other legal rights such as child support, visitation, guardianship in
the event of my death, etc. in which state would I do so? (FYI, in the
existing relationship there is visitation etc. but I maintain sole
custody and responsibility for the child and have done so for 10
years+. We have lived in California for 3+ years.)
Answer  
Subject: Re: Establishing Legal Child Custody - State of Birth or Residence
Answered By: gitana-ga on 14 Nov 2002 17:39 PST
Rated:5 out of 5 stars
 
Dear Findinganswers,

According to the UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT
ACT, applicable in California’s Family Code Section 3421-3430, all
child support, custody and paternity proceedings are under the
jurisdiction of the child’s home state.  The home state is defined as
the state where the child has resided for 6 consecutive months (with a
parent) prior to the legal proceedings.

This implies that you should begin proceedings in California, unless
the child has resided in Utah for a significant length of time in the
past 6 months….(residing is not visiting).  The father can contest the
jurisdiction of California if he can establish that the child has more
of a connection to Utah (via residency, extended family ties etc.).

You can find all this information at the following sites: 

California Family Code:
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=fam&codebody=&hits=20

Definition of terms (Home State):
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=04001-05000&file=4900-4903

UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
FAMILY CODE SECTION 3421-3430
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=03001-04000&file=3421-3430

I have been doing a lot of research myself on this topic and finally
went to see a lawyer.  She informed me of the above act and confirmed
that I should begin all proceedings in the state where the child has
resided for the past 6 months (my state).  However, please recall that
I am not a lawyer.  I strongly advise you to seek professional legal
advice in order to confirm any information I have provided here.

Search Strategy:
Family law jurisdiction California
UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT

Good Luck,
gitana
findinganswers-ga rated this answer:5 out of 5 stars
This is exactly what I needed. Thanks Gitana!

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