Q: Im CA and am filing for sole legal and phyiscal custody. The other parent is in prison in AZ. Does CA have jurisdiction?
The other parent and I were never married. My child was born in AZ but my child and I moved to CA after the other parent was incarcerated in AZ. My child and I have lived in CA now for a few years but the Shasta county courts legal aid told me I should seek consultation to see if CA has any jurisdiction over this or if I need to go to Arizona to file for custody.
A: Jurisdiction is controlled by where the child lives. Since the child lives in CA and has lived in CA for “years”, CA has jurisdiction over the issue of child custody and child support
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A:
In matters of child custody, jurisdiction is typically determined by the child's home state, which is where the child has lived for the past six months. Given that you and your child have been residing in California for several years, California would generally be considered the child's home state. This suggests that California courts likely have jurisdiction over your custody case.
However, there are complexities in jurisdictional issues, especially when another state, like Arizona in your case, is involved. If any custody orders were previously issued in Arizona, or if there are other legal considerations tied to Arizona, this could potentially influence jurisdiction.
It's advisable to consult with an attorney who has expertise in interstate custody matters. They can provide guidance specific to your situation, taking into account all relevant factors, including the history of your case and any legal proceedings in Arizona. This will help ensure that you proceed correctly and in the best interest of your child.
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