Legal Question in Family Law in California

Divorce/Child Custody in Texas/California

Here's the scenario: a person has a baby in the State of Texas, gets married in Texas is seperated from their spouse, then takes the baby to California, has lives in California for 8 months and files for divorce in the State of California. This person has now been served divorce/child custody papers from a Texas court. Where will the trial be held? Can it be held in California? What are typically the deciding factors in these types of cases? Birthplace? Marriage place? Thank you in advance.


Asked on 12/27/07, 11:42 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Divorce/Child Custody in Texas/California

If the husband has never lived in California and his only contact with California is the child and wife then California would not have jurisdiction over financial issues, support and division of property. It would have jurisdiction over the issue of child custody and the dissolution of the marriage. Trial on those issues would be in California. If the Husband submits to the jurisdiction of the California courts by filing a response without objecting to jurisdiction on the other issues then California could have jurisdiction over all issues and California could try all issues. Good Luck, Pat McCrary

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Answered on 12/27/07, 12:12 pm


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