Legal Question in Family Law in California

Multi State Child Custody

My husband filed for divorce in CA on March 28. I moved to GA on Feb 22 (where I lived previously for 8 years, family here, etc). I was served with the divorce papers here in GA on April 10. The papers state that I am in violation of the restraining orders of the legal separation papers I was served with in CA on Feb 22 (I never received alleged papers and have no idea what he means). My husband is saying that I left CA with our son (who is only 9 months old) without his permission with the intent to reside in GA permanently.

My question is: how do I respond to the papers? Will I have to hire a lawyer in CA? Is it likely that a judge will grant a change of venue for all matters to be resolved in GA?

I am currently working full time in GA, have a car, place to live (with my parents), changed my address, changed my license, my parents provide free daycare and my son is in a loving, stable environment where he has completely adjusted. My husband lives with some roommates and has not sent any type of child support as of yet.

We were married Nov 06 in GA, our son was born June 07 in GA, we moved to CA Aug 07 and I moved back to GA on Feb 22, 08.


Asked on 4/13/08, 5:51 pm

3 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Multi State Child Custody

California has jurisdiction over the marriage, because husband still lives in California. You did not violate the automatic restraining order on the summons. You are bound by the restraining order after being served.

The uniform child custody statutes make the state in which the child resided in during the last six months is the home state. You should retain an attorney in California to respond to the dissolution petition and request that the custody issues be decided in GA. These cases are complex and you should not attempt to do this yourself.

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Answered on 4/16/08, 11:09 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Multi State Child Custody

I question how a divorce filed in CA after you moved to GA is valid. Maybe CA has some type of retention of jurisdiction that I don't know about. (I only practice in GA.) Have the papers reviewed by a local attorney. He/she can figure out if he/she needs to bring in a CA attorney.

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Answered on 4/13/08, 6:22 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Multi State Child Custody

you should hire an attorney. move-away cases are difficult. sounds like california will have jurisdiction over the case.

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Answered on 4/13/08, 8:55 pm


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