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Divorce from Embassy Employee

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westanza

Member
What is the name of your state (only U.S. law)? Washington D.C.

Person A, American Citizen:
Works in D.C. Monday-Thursday
Lives/Works in California Friday-Sunday
Permanent residency is California

Person B, Foreign National (on A-2 Visa):
Works in D.C. Monday-Thursday
Lives in California Friday-Sunday

Facts:
Married in 2009, one infant child
Person A wants a divorce because Person B cheated

Question:
Does Washington D.C. or California has jurisdiction?
 


Zigner

Senior Member, Non-Attorney
You have already stated that residency is in California...they would have jurisdiction.
 

westanza

Member
Person A is worried that Person B will argue that the child spends more time in Washington D.C. to take away California's jurisdiction.

Person B will soon stop traveling to California.

Person B's residence is listed as Washington D.C. for the purposes of their embassy position.

Do any of these facts change the answer?
 

Ohiogal

Queen Bee
Person A is worried that Person B will argue that the child spends more time in Washington D.C. to take away California's jurisdiction.

Person B will soon stop traveling to California.

Person B's residence is listed as Washington D.C. for the purposes of their embassy position.

Do any of these facts change the answer?
What embassy? Because embassies are located on property belonging to the COUNTRY they represent.
 

mistoffolees

Senior Member
You have already stated that residency is in California...they would have jurisdiction.
Where does the child live? That's probably the most important thing since only that state has jurisdiction over the child. But from the schedule, I'm guessing that it's CA.
 

LdiJ

Senior Member
Where does the child live? That's probably the most important thing since only that state has jurisdiction over the child. But from the schedule, I'm guessing that it's CA.
I read it as the child travels back and forth from DC to CA with the parents. Therefore the child lives mostly in DC.

I think this is a very sticky one. I think the OP should be consulting a local attorney in both DC and CA.

I do have some questions however.

Where was the child born?
Hold old is the infant?
How long has the infant been traveling back and forth from DC and CA?
 
Last edited:

westanza

Member
I don't think which country's embassy is it is relevant. Please tell me if I'm mistaken.

The child:
1. was born in CA; health care insurance, etc. is all registered in CA
2. is 1 year old
3. has been traveling back and forth since age 8 weeks
4. has not traveled every week since that time. the weeks in which the infant doesn't travel, s/he stays in CA with grandparents
 

LdiJ

Senior Member
I don't think which country's embassy is it is relevant. Please tell me if I'm mistaken.

The child:
1. was born in CA; health care insurance, etc. is all registered in CA
2. is 1 year old
3. has been traveling back and forth since age 8 weeks
4. has not traveled every week since that time. the weeks in which the infant doesn't travel, s/he stays in CA with grandparents
You definitely need to consult attorneys in both locations. I am leaning more towards CA residency for the child based on those answers, but this is not a standard circumstance at all and you should not be relying on advice from an internet forum.

Which country's embassy is involved could be relevant. The child is a US citizen and a resident of the US. If the parent on the A-2 visa has no chance of remaining in the US permanently, then that could affect custody decisions...even if it wouldn't effect jurisdiction decisions.
 

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