Q: Would my daughter have been able to be removed fro her home state if a child custody order was filed in another state?
A:
In general, if a child custody order has been properly filed in one state, it should be respected and enforced in other states, including California, under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). However, there are some important factors to consider:
1. Jurisdiction: The state where the custody order was filed must have had proper jurisdiction over the case. This is typically the child's "home state," which is the state where the child has lived for the six months prior to the custody proceedings.
2. Proper notice: The parent living in California must have been properly notified of the custody proceedings in the other state and given a chance to participate.
3. Emergency circumstances: In some emergency situations, such as when the child is in danger, a California court may temporarily modify an out-of-state custody order.
4. Modification of the order: If the child and both parents have moved away from the state that issued the original order, and the child has been living in California for a sufficient period of time, a California court may be able to modify the custody order.
If the custody order was properly filed in the other state and the California parent was given proper notice, it is likely that the order would be enforced in California, and the child could be removed from California in accordance with the order. However, the specific circumstances of each case can vary. It is best to consult with a family law attorney in California for guidance on your particular situation.
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