I need answers ASAP

[CourtClerk]

This is what I found. It says that the case has to be heard in the childs home state. All the other ones dont apply.

And I'm telling you that you moved the child to CA. It's only NOW you want to claim the child is visiting (for 3 months). Good luck with that. Oh, and remember that statute I provided you earlier... all he need do is serve you in CA.

 

[CJane]

And I'm telling you that you moved the child to CA. It's only NOW you want to claim the child is visiting (for 3 months). Good luck with that. Oh, and remember that statute I provided you earlier... all he need do is serve you in CA.

Out of curiosity, how does CA have jurisdiction if the child hasn't lived there for 6 months or more?

And assuming paternity was never established/there's not an outstanding order for custody/support that was ordered while the child lived in CA prior.

 

[LdiJ]

Out of curiosity, how does CA have jurisdiction if the child hasn't lived there for 6 months or more?

And assuming paternity was never established/there's not an outstanding order for custody/support that was ordered while the child lived in CA prior.

CA doesn't have jurisdiction even if she "moved" the child to CA. The child hasn't been there long enough. Which is why she needs to go get her child, and needs to file to have whatever dad filed, dismissed, based on lack of jurisdiction.

 

[CourtClerk]

Out of curiosity, how does CA have jurisdiction if the child hasn't lived there for 6 months or more?

And assuming paternity was never established/there's not an outstanding order for custody/support that was ordered while the child lived in CA prior.

Mom and kid no longer live in CA. Mom only wants to rush back because she thinks dad is about to sue her - she's all but admitted that and every time I've said that she moved the kid to CA, she hasn't denied it ONCE. One can make the argument that the other state is an inconvenient forum since NO ONE lives there anymore.

 

[Ohiogal]

Here is my question -- did she ever tell dad that she moved the child to VA? And is dad paying child support that is court ordered? Because I lost that fact in this mess.

 

[wileybunch]

Here is my question -- did she ever tell dad that she moved the child to VA? And is dad paying child support that is court ordered? Because I lost that fact in this mess.

OP has stated that Dad is in no way the legal father. She would therefore have no obligation to notify Dad she moved to VA and since the move to VA was over 2 years ago, it would be a little late now for Dad to claim an objection to the move.

But, OP, you do need to answer the question above.:

--> is dad paying child support that is court ordered?

And, to expand that, has there ever been an order for dad to pay child support for this child, whether he paid it ever or is currently paying it?

Also, did Dad have contact with the child when she lived in CA previously?
Has Dad had contact with the child since she's been staying with your mother in CA recently?

Also for residency, the 3 month county requirement goes along with the state 6 mo requirement. IF you are both parties of the state for 6 months THEN if you are a resident of a particular CA county for 3 months, THEN you can file in THAT county (vs. another CA county).

I disagree the other state is an inconvenient forum since clearly Mom lives there, it's only where the child lives that's in question and child has not child established residency in CA because she's not been there 6 mo yet.

 

[CJane]

Mom and kid no longer live in CA. Mom only wants to rush back because she thinks dad is about to sue her - she's all but admitted that and every time I've said that she moved the kid to CA, she hasn't denied it ONCE. One can make the argument that the other state is an inconvenient forum since NO ONE lives there anymore.

Legally the WHY of Mom wanting to go retrieve her child is irrelevant. CA does not (unless there is an order for support/custody from prior to the move to VA) have jurisdiction over the child. And EVEN IF there's a CA order for support, but not for custody, one could easily argue that CA doesn't have jurisdiction over anything regarding the child EXCEPT support.

And no, VA is NOT an inconvenient forum. MOM and CHILD are residents LEGALLY of VA for another 3 months.

 

[CJane]

If she does not go get her child however then the child will soon become a resident without a doubt of CA. Right?

Maybe. Once the child has lived there for 6 months, then certainly that could be argued. But it would require proof that the child has lived there CONTINUOUSLY for 6 months or more...

I'd be interested in knowing if Dad has made any effort to see the child AT ALL EVER while child was in CA previously, while child was in VA or since child has been back in CA.