Sacramento, CA asked in Family Law and Child Custody for California

Q: Do i have to file a response to child custody in the same county it was filed?

My sons father filed for joint custody in Alameda County but I live in Sacramento and he knows I do not have a car so he is hindering me. Im a full time student i cant just drive to Alameda county to file when i have classes also he gave all false statements on his paperwork. I am in over my head but only have til the 27th for the court date.

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1 Lawyer Answer
Rivka Israel
Rivka Israel
  • Divorce Lawyer
  • San Diego, CA
  • Licensed in California

A: The short answer is, yes.

A Request for Order (motion) must be filed within the original underlying case (example: Divorce case). If the underlying existing case is in Alameda, that is where a motion for Custody must be filed. If a case does not yet exist or this is an original filing and you have not yet been served you could, in theory, file a case in your county and serve it on him first. Whichever is served first is the controlling case unless a court transfers the case to another Jurisdiction. A case may only be filed in a jurisdiction in which either of the parents resides or where the children reside.

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