Dear Findinganswers,
According to the UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT
ACT, applicable in Californias Family Code Section 3421-3430, all
child support, custody and paternity proceedings are under the
jurisdiction of the childs 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 |