In our last post, we discussed the primary UCCJEA rules. To help illustrate the rules as they may affect your Sacramento divorce, we have provided some hypothetical examples. For example, Hal and Wendy Smith live in Sacramento, CA and have a child, Calvin. Six months ago, Hal left the family home and moved to Nevada. Twice over the past six months, Calvin has come to visit Hal for 2 weeks. Meanwhile, after 6 months of separation, Wendy decides the marriage is beyond repair and files a divorce petition and motion for sole custody in California.Once Hal was served in Nevada, he immediately filed a divorce petition in Nevada and motion for sole custody orders.
Question: Does California or Nevada have jurisdiction over Calvin?
Answer: In this situation, Wendy’s Sacramento divorce and Sacramento child custody motion are almost certainly going to prevail. While Calvin visited Hal in Nevada, he continued to reside in Sacramento with Wendy. Thus Calvin resided in Sacramento California with Wendy for at least the last six months. California is Calvin’s home state and the Sacramento County court will have jurisdiction over Calvin. Nevada will not be able to make custody orders and Hal will need to also hire a Sacramento divorce attorney to protect his custody rights.
If you are Hal or Wendy in this example, please give us a call. Our Sacramento divorce and child custody attorneys are trained to help you understand the UCCJEA and whether California has jurisdiction over your child.