Child Custody Jurisdiction Concerns

Summary

Jurisdiction for child custody cases in california is determined by the uccjea, focusing on the childs home state. False claims of residence to influence jurisdiction can be a legal issue. Consider consulting a family law attorney for guidance. If affordability is a concern, explore legal aid, pro bono services, or law school clinics for assistance.

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This is a child custody issue in California. Records show that Petitioner applied for welfare benefits and received them on */*/*. On */*/* Petitioner filed for emergency custody orders, signed a Declaration of Residence and a UCCJEA in Riverside County. On */*/* she told the court that she lived in San Bernardino County, If the court was aware that Madelyn and the baby were no longer residing in Riverside County, what jurisdiction did this court have?
In California, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) generally determines jurisdiction for child custody cases. Here are some points to consider:
- Jurisdiction typically lies in the child's "home state," where the child has lived for at least six months.
- Emergency jurisdiction can be invoked if the child is present in the state and needs protection.
- If the child's residence changes, and the court is informed, jurisdiction might shift to the new county.
Was the child and the petitioner residing in San Bernardino County when the emergency custody order was filed?
She moved there that night after filing the paperwork. I don't believe she actually moved to San Bernardino county, I believe she lied due to the filing for support 15 days prior.
In California, for jurisdiction under the UCCJEA, the "home state" of the child is crucial. If the petitioner falsely claimed residence in a county to influence custody jurisdiction, it could be considered a legal issue. It's advisable to gather evidence of the actual residence and consult with a family law attorney for guidance. Would you like assistance connecting with a local attorney who can help with this matter?
I thought this chat was like talking to a lawyer?
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While I'm not a lawyer, I can provide general legal information. It sounds like your situation involves complex jurisdictional issues under the UCCJEA. Consulting with a family law attorney would be beneficial to address potential false claims of residence. Let me know if there's anything else you'd like to know!
What if I cannot afford and attorney?
Case Rating: *
If you cannot afford an attorney, you might consider these options:
- Legal Aid Organizations: They offer free or low-cost legal assistance based on income.
- Pro Bono Services: Some lawyers offer free services for cases with merit.
- Law School Clinics: Law students, supervised by attorneys, may provide assistance.
Would you like more information on any of these options?