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ABOUT FAMILY LAW PROPERTY INTERNATIONAL INTERSTATE PREMARITAL ADOPTION CONTACT
& DIVORCE DIVISION CUSTODY & DIVORCE CUSTODY DISPUTES AGREEMENTS

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Interstate Child Custody

INTERSTATE CUSTODY Is Complex. But It’s Also
Solvable
Home State

No Other State Exercising
Jurisdiction
Deferred to California
Jurisdiction in No Other State
When a parent lives in a different state from the
one in which the other parent and the child live,
more than one state may have the power to decide
a custody dispute between them. If more than one
state does exercise its power, the competing
decisions confuse rather than resolve the dispute.
Custody disputes, in particular, are susceptible to
competing decisions because they are modifiable
until the child reaches the age of majority.
When there is a dispute regarding the state where a
custody matter should proceed, the Uniform Child
Custody Jurisdiction and Enforcement Act
("UCCJEA") provides the answer. Under the
UCCJEA, there are four bases for a California court
to take jurisdiction (i.e., the power to decide) over a
child custody dispute: (1) California is the child's
home state; (2) no other state is exercising
jurisdiction and California has a significant
connection with and substantial evidence
concerning the child; (3) all courts of other states
have deferred to California; or (4) no other state
has jurisdiction.

1. Home State

Under the UCCJEA, California may assume

jurisdiction if it is the child's home state at the time
the action is filed. A child's home state is the state in
which the child has lived with a parent (or a person
acting as a parent) for at least the six months
immediately before the action is filed. California
may also assume jurisdiction if California had been
the child's home state within six months before the
action is filed, the child is absent from California,
and a parent (or a person acting as a parent)
continues to live in California.

2. No Other State Exercising Jurisdiction;

California Has Significant Connection and
Substantial Evidence

California may assume jurisdiction if no other state

is the child's home state or a court of the home
state has declined to exercise jurisdiction on the
ground that California is the more convenient
forum (i.e., location) and both of the following: (1)
the child and at least one parent (or person acting
as a parent) have a significant connection with
California other than mere physical presence; and,
(2) substantial evidence is available in California
concerning the child's care, protection, training, and
personal relationships.

3. All Other States with Jurisdiction Have

Deferred to California

California may assume jurisdiction if all other

courts having jurisdiction have declined to exercise
jurisdiction on the ground that California is the
more appropriate forum to determine the child's
custody.

4. Jurisdiction in No Other State

California may assume jurisdiction if no court of any

other state would have jurisdiction.

The UCCJEA also allows a California court to make

custody orders in an emergency. In general, a
California court can exercise temporary emergency
jurisdiction over custody issues if the child is
present in California and it is necessary to make
custody orders to protect the child because the
child, or the child's sibling or parent, is subjected to
or threatened with mistreatment or abuse.

It is important to note that, even when a California

 court can exercise jurisdiction over an interstate
custody dispute, it may decline to do so. Specifically,
California may not exercise its jurisdiction if, at a
time the action was filed, a custody proceeding was
pending in another state exercising jurisdiction
substantially in compliance with the UCCJEA. In
addition, California may decline to exercise its
jurisdiction if it determines that it is an inconvenient
forum under the circumstances and that another
state is more appropriate forum. Further, if a
California court has jurisdiction because a person
seeking to invoke its jurisdiction has engaged in
unjustifiable conduct, the court must decline to
exercise its jurisdiction unless one of the following:
(1) the parents (and all persons acting as parents)
have consented in the exercise of jurisdiction; (2) a
court of the state otherwise having jurisdiction
determines that California is a more appropriate
forum; or, (3) no court of any other state would
have jurisdiction.

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