To Justin2020

[garrula lingua]

What is the name of your state (only U.S. law)? response to CA jurisdiction

In your locked thread, 'Case Number', you were given incorrect information. You may want to pursue the CA case you filed; you just have to contact a process server in your area, who can arrange service in Co (and you have to know Mom's address in Co).

Regarding the issue of jurisdiction for purposes of establishing Paternity, California can exercise long-arm jurisdiction over Mom in Co, if the child was conceived in CA:

Ca Family Code:
C4905. In a proceeding to establish, enforce, or modify a support
order or to determine parentage, a tribunal of this state may
exercise personal jurisdiction over a nonresident individual or the
individual's guardian or conservator if any of the following apply:
(1) The individual is personally served with notice within this
state.
(2) The individual submits to the jurisdiction of this state by
consent, by entering a general appearance, or by filing a responsive
document having the effect of waiving any contest to personal
jurisdiction.
(3) The individual resided with the child in this state.
(4) The individual resided in this state and provided prenatal
expenses or support for the child.
(5) The child resides in this state as a result of the acts or
directives of the individual.
(6) The individual engaged in sexual intercourse in this state and
the child may have been conceived by that act of intercourse.
(7) The individual has filed a declaration of paternity pursuant
to Chapter 3 (commencing with Section 7570) of Part 2 of Division 12.
(8) There is any other basis consistent with the constitutions of
this state and the United States for the exercise of personal
jurisdiction

For anyone in the same situation, most states have similar long-arm jurisdiction codified within their Family Codes.

 

[Proserpina]

What is the name of your state (only U.S. law)? response to CA jurisdiction

In your locked thread, 'Case Number', you were given incorrect information. You may want to pursue the CA case you filed; you just have to contact a process server in your area, who can arrange service in Co (and you have to know Mom's address in Co).

Regarding the issue of jurisdiction for purposes of establishing Paternity, California can exercise long-arm jurisdiction over Mom in Co, if the child was conceived in CA:

Ca Family Code:
C4905. In a proceeding to establish, enforce, or modify a support
order or to determine parentage, a tribunal of this state may
exercise personal jurisdiction over a nonresident individual or the
individual's guardian or conservator if any of the following apply:
(1) The individual is personally served with notice within this
state.
(2) The individual submits to the jurisdiction of this state by
consent, by entering a general appearance, or by filing a responsive
document having the effect of waiving any contest to personal
jurisdiction.
(3) The individual resided with the child in this state.
(4) The individual resided in this state and provided prenatal
expenses or support for the child.
(5) The child resides in this state as a result of the acts or
directives of the individual.
(6) The individual engaged in sexual intercourse in this state and
the child may have been conceived by that act of intercourse.
(7) The individual has filed a declaration of paternity pursuant
to Chapter 3 (commencing with Section 7570) of Part 2 of Division 12.
(8) There is any other basis consistent with the constitutions of
this state and the United States for the exercise of personal
jurisdiction

For anyone in the same situation, most states have similar long-arm jurisdiction codified within their Family Codes.

How so, GL? He dropped the case..and Mom moved and gave birth in CO. Her current husband established paternity in CO.

 

[CJane]

GL - Questions for you.

Even IF OP hasn't withdrawn his case (I can't remember if he has), is there a time limit during which he could refile and have CA assert jurisdiction? Especially since paternity is already legally established (via marriage) in another state?

Is "long arm jurisdiction" something that you would recommend that a pro se (and obviously ignorant about processes) litigant take on? Or would it be better in the long run if OP simply consented to CO's jurisdiction over the child and handled matters there?

Would a jurisdictional fight end up being such a drawn out process that it would be a drain on the resources of both parents to the point that the child's best interests were no longer being served? (I picture another signspinner case)

 

[LdiJ]

GL - Questions for you.

Even IF OP hasn't withdrawn his case (I can't remember if he has), is there a time limit during which he could refile and have CA assert jurisdiction? Especially since paternity is already legally established (via marriage) in another state?

Is "long arm jurisdiction" something that you would recommend that a pro se (and obviously ignorant about processes) litigant take on? Or would it be better in the long run if OP simply consented to CO's jurisdiction over the child and handled matters there?

Would a jurisdictional fight end up being such a drawn out process that it would be a drain on the resources of both parents to the point that the child's best interests were no longer being served? (I picture another signspinner case)

These are exactly my thoughts on the matter as well. While CA might be able to assert jurisdiction under its laws, CO would absolutely be able to assert jurisdiction under its laws as well, and the child was born in CO.

The "legal father" of the child certainly wouldn't be subject to CA's jurisdiction.