Even if California does not have jurisdiction to hear your case, the California courts may exercise temporary jurisdiction if the child is present in the state and
(1) the child has been left without provision for reasonable and necessary care or supervision; or (2) the exercise of jurisdiction is necessary in an emergency to protect the child because the child, or the child’s sibling or parent is being subjected to or threatened with mistreatment or abuse, such as domestic violence.
If another state has already made a child custody order or an initial custody or custody modification proceeding has already begun in the other state, California may only exercise emergency jurisdiction to make a temporary custody order for a limited period of time. You would then have to go to court in the other state to get permanent orders.
The California order must specify the period of time that they consider adequate to allow you to return to the state where the case is open and get permanent orders. California’s emergency order only remains in effect until an order is obtained from the other state with in the specified period or that period expires.
Because of the strict jurisdiction requirements it is important to contact a knowledgeable family law attorney if you have any questions of which court can hear your case. At Wallin & Klarich, our attorneys have been in practice for over 30 years and will diligently represent your interests to the fullest extent possible. Call us today at 888-749-7428. We will be there for you when you call.
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