QUESTION
If I filed in the previous state, can I still get the order from court to return my child?
Asked on Jul 27th, 2016 on Child Custody - California
More details to this question:
I am married for 1 1/2 years. I moved on January 29, 2016 with wife and a 1 year old child. With mutual consent, I left to another state on July 25, 2016. I need to know my rights regarding my child. Does the previous state takes precedence over the current?
1 ANSWER
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If you have a court order for custody/visitation in your previous state, that state still has jurisdiction to make court orders. In your new State, if needed, you can register the existing orders as a foreign order for enforcement purposes. Lastly, your new State can make orders if there is an emergency by exercising temporary emergency jurisdiction. If there are no court orders, you can file a custody case after living in the new state for 6 months.
Answered on Aug 26th, 2016 at 2:24 PM