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I live in OHIO but SERVED with a California Child Custody Order ~order to show cause~ Ohio

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  • I live in OHIO but SERVED with a California Child Custody Order ~order to show cause~ Ohio

    My son and I have lived in Ohio for 3 years now. We have never lived in California. His father lives in California. I recieved a summons today to appear in California court next month for child custody. My son is 6.5 years old. His father has seen him 3 times... last time when he was 24 months old.

    My question: Doesn't Ohio law reign over this situation? Wouldn't my son's father have to file for custody through Ohio?

    Needing Advise.

  • #2
    Originally posted by babybronco View Post
    My son and I have lived in Ohio for 3 years now. We have never lived in California. His father lives in California. I recieved a summons today to appear in California court next month for child custody. My son is 6.5 years old. His father has seen him 3 times... last time when he was 24 months old.

    My question: Doesn't Ohio law reign over this situation? Wouldn't my son's father have to file for custody through Ohio?

    Needing Advise.
    Are there any court orders existing now- for paternity, custody, CS, or visitation?

    If there is, what state were they issued in? And are the orders still in that state?

    Comment


    • #3
      There is a paternity test yes. He is the father. There is a child support order through the state of california. I went through Ohio though to get the child support. Ohio then went through California.. because that's where he lives. Yes, the orders are still in the state of california.

      Comment


      • #4
        Originally posted by babybronco View Post
        There is a paternity test yes. He is the father. There is a child support order through the state of california. I went through Ohio though to get the child support. Ohio then went through California.. because that's where he lives. Yes, the orders are still in the state of california.
        Since the existing order (which essentially established custody) is in CA. the petition he's filed is most likely a modification of an existing order. If it is then yes, it will stay in CA because CA has jurisdiction over that case.
        However, if it is totally seperate filing, including a new case number you can request that jurisdiction for the new case be transferred to OH.

        Also, if you can't make a trip to CA for hearings, call the court clerk's office to find out what thier procedure is for appearing telephonically.

        Comment


        • #5
          Well, it says in the California family code Section 3422 that

          (A) Except as otherwise provided in Section 3424, a court of this state that has made a child custody determination consistent with Section 3421 or 3423 has exclusive, continuing jurisdiction over the determination until either of the following occurs:

          (1)A court of this state determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, traiing, and personal relationships.
          (2) A court of this stae or a court of another state determines that the cihld, that child's parents, and any person actin as a parent do not presently reside in this state.


          So, if I go by california law.. then they dont have jurisdiction.

          Furthermore...

          it states in Family Code section 3421

          (A) Except as otherwise provided in Section 3424, a court of this state has jurisdiction to make an initial child custody determination only if any of the following are true.

          (1) The state is the home state of the child on the date of the commencment of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continures to live in this state. ~~~This is not true to my case~~~

          (2) A court of another state does not have jurisdiction under paragraph (1), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under Section 3427 or 3428, and both of the following are true:
          (a)The child and the child's parents, or the child and at least one paretn or a person acting as a parent, have a significant connection with this state other than mere physical presence. ~~~~Which is not true in my case~~~~
          (b) Substantial evidence is available in this state concerning the child's care, protection, training, and persaonl relationships. ~~~Again, not true to my case.~~~~


          So, I think I am on the right path as far as jurisdiction goes. After reading this.. what do you think?

          Comment


          • #6
            As CA does currently have jurisdiction (the original order was in CA and it sounds like this is added to the original case) Ohio will have to petition for jurisdiction. CA will have to agree to cede jurisdiction to Ohio. It's not an automatic thing.

            See, to clear this up for you. Ohio doesn't have jurisdiction, because there is and never was a case in Ohio. Now that you are a legal resident of Ohio, it should be a simple matter of having the case relocated from CA to OH. But YOU (through the Ohio court) have to initiate the proceedings to get it moved. CA will not just drop it because you found the statute (that actually will support your case once you file).

            Does that help?
            HOOK 'EM HORNS!!!
            How do you catch a very rare rabbit?
            (unique up on him)
            How do catch an ordinary rabbit?
            (same way)

            Comment


            • #7
              Originally posted by jim_bo
              Mommy,

              I disagree with you. She should not take on the burden of moving the case to Ohio. Rather, she should simply file a motion to dismiss in CA due to lack of jurisdiction. I agree that CA had jurisdiction earlier, but as the CA statutes state, CA rejects jurisdiction when the child and one parent leave. By the way, are you an attorney (not intended to be rude, just a question).

              Baby,

              If I were you, I would simply file a motion to dismiss. You will likely be successful. Your motion will be heard before the custody issue is heard. Once you have the case dismissed in CA, the Dad will have to go to Ohio to file for a change of custody. It will be his burden to do so. Once the case is in Ohio, you are on your home turf and will have a distinct advantage.

              Jimbo
              In most court orders, it states that "such and such court retains jurisdiction." The fact is that if the CA court retains jurisdiction at this point in time, the OH court will have to ask CA to release jurisdiction and CA will have to agree. I have been through this in two different states and that is the way it works. Even if she asks CA to dismiss the case, CA still retains jurisdiction for any future proceedings in regard to the case. At some point in the future, CA will still have to release jurisdiction.

              If there were no established case in CA or if the clause is not in the court order, your solution would be correct. But in a case such as this, CA is the only court that has the "power" to decide whether or not it will hear the case or decline. Oh, and one more point of clarification, just in case...if the CS order is in CA and the NCP is still in CA, no matter where the CP and child reside, the CS order stays in CA with the NCP.
              Last edited by mommyof4; 12-26-2006, 01:06 PM.
              HOOK 'EM HORNS!!!
              How do you catch a very rare rabbit?
              (unique up on him)
              How do catch an ordinary rabbit?
              (same way)

              Comment


              • #8
                Originally posted by jim_bo
                I agree with most of your points, particularlly the CS issue. However, I don't think she has to get Ohio to ask for jurisdiction before CA can concede to a lack of jurisdiction. I just did almost the identical thing in GA. My son's Mom lives in GA and she requested a change in custody. Since I live in CA and GA law requires that a change of custody takes place in the county of the residence of the custodial parent (me), I simply went to court and argued (successfully) that GA had no jurisdiction. I won that case easily as GA law is clear... just as the CA law is clear in this case. I left the burden of raising the issue of custody in CA to my son's Mom. Since it would be quite a pain for her to come to CA to do so, she just dropped the issue. My only point is that the poster shouldn't take on more burden than necessary.

                Jimbo
                Ah, sorry, I misunderstood your post. Yes, I agree with you. I had the same situation with Texas and NC. NC retained (explicitly) jurisdiction, but once I filed in TX, NC was compelled by law to release jurisdiction. It was not a huge, difficult proceeding (just a motion that was quickly handled). I should have made that clear. Sorry.
                Last edited by mommyof4; 12-27-2006, 05:14 AM.
                HOOK 'EM HORNS!!!
                How do you catch a very rare rabbit?
                (unique up on him)
                How do catch an ordinary rabbit?
                (same way)

                Comment


                • #9
                  you got it

                  Just did the same thing here from Connecticut to Virginia. CT was the state the case was opened in. The ex wanted custody of our son after sending him to me.

                  I showed that the of the home state was VA for the requisite time frame (they want 6 months) The judge aggreed to release jurisdiction. I then obtained certified copies of all court orders and registered them where I live.

                  Now jurisdiciton is here in VA and everything is going great. Next court date is in Febuary for her to pay me support.

                  Comment


                  • #10
                    thanks

                    Thanks Jim,

                    I was kinda wondering how that would feel.

                    Oh yea- he is always in need of something hehehe On the up side he (my son) has come throught this ordeal really well. I wasnt sure how it was going to affect him but the last 3 years he has been on the honor roll in school and I never get any bad phone calls about him causing trouble. We deal with the normal 14 year old stuff (super mega I have to have a girlfriend hormones out of control ) but if thats the worst of it with him then I count my blessings.

                    Comment

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