Q: I need to know which state I should petition forvisitation if I live in California but child moved to Oregon 1 month ago
There is currently no type of court order in place for custody or divorce and parents are not married. Child moved to Oregon only 1 month ago.
A:
If you live in California and your child has recently moved to Oregon, you may need to determine which state's court to petition for visitation rights. Here are some general considerations:
Jurisdiction: Jurisdiction determines which court has the authority to hear and decide your case. In child custody and visitation matters, jurisdiction is typically determined by the child's home state. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a law adopted by most states, including California and Oregon, to address jurisdictional issues.
Home State: The child's home state is generally the state where they have resided for the past six consecutive months before the legal proceedings begin. If your child has been in Oregon for only one month, it is likely that California would still be considered the child's home state for jurisdictional purposes.
Initial Petition: If California is the child's home state, you may want to consider petitioning for visitation in California. You would need to file the appropriate paperwork with the family court in the county where the child resides or where you reside in California. Consult with an attorney specializing in family law to guide you through the process and ensure compliance with California's jurisdictional requirements.
Consult with an Attorney: Family law matters can be complex, especially when they involve interstate jurisdiction. It is highly recommended to consult with a qualified family law attorney who has knowledge and experience in both California and Oregon laws. They can assess the specific details of your case, review relevant laws, and guide you on the best course of action to petition for visitation rights.
Remember, laws can vary, and it is crucial to consult with an attorney who can provide advice tailored to your specific circumstances and the laws of both California and Oregon. They can guide you through the legal process, represent your interests, and help you navigate the steps necessary to establish visitation rights with your child.
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