2012: What are the Procedural Requirements for the Uniform Child Custody and Jurisdictional Enforcement Act Cases in San Diego for Divorce, Paternity and Legal Separation Cases?
San Diego is a big region having a large and diverse population. People residing in San Diego county can be from different ethnic and religous backgrounds and also may be accustomed to different laws and regulations of different states or countries. Therefore it is a difficult job for the jurisdiction of San Diego to build a single law and expect everyone to abide by those laws. In cases of marriages, divorces, legal separations, or paternity, it is a tough job for a family court to deal with a variety of cases daily. A lot of matters and issues arise, and couples come up with a lot of different sorts of issues that are to be answered legally. Therefore, as San Diego Family Courts usually have a lot of different cases, the Judges try for uniformity in the decvision of where the proper jurisdiction is for the custody and visitation and parenting plans. The Law Office of Doppelt and Forney, APLC can advise you whether San Diego is the proper jurisdiction for you to file for your family law case. They offer a confidential and complimentary consultation up to 30 minutes and feel free to call 800-769-4748 to schedule.
A common scenario in case of divorce, legal separation, or paternity is the discussion of the requirements and procedures for the custody under the Uniform Child Custody Jurisdiction Enforcement Act which will determine whether the San Diego Suprior Court has jurisdiction. The Judge will look to where the child and/or children have lived for the last six month or 180 days. This will give the jurisdiction to that State. For example, if a parent moves from any other state [such as Michigan] to California then California will aquire jurisdiction but only after the children or child have lived in California for more than six months. If, before the six months, the other parent who has [in this example] stayed in Michigan can file in Michigan to have the custody and visitation issues heard there. If there is a dispute between filings in different states, then the Judges will have a “UCCJEA Conference” and the Judge’s will decide the proper jurisdiction. It is also possible to have some issues heard in one jurisdiction and other issues in a different jurisdiction. Also, an order for custody and paternity, legal separation, or divorce visit, or judgment from some other country or state can be registered in San Diego County.
In San Diego Family Law Court, one of the mandatory pleadings is the UCCJEA Declaration which is FL 105. This will list the children and where they have lived in recent past. Moreover, the Petition must include any information regarding the determination of any enforcement that was being sought, whether it was modified, vacated, or stayed and identified by the Court or not. In case of any other proceeding that might have been commenced and have the potential of having an impact on the orders for visitation and custody at hand, including termination of parental rights, adoptions, domestic violence, and protective orders, must be mentioned in the Petition, as well.
After the filing of the Petition, an order will be issued by the court in which the respondent will be summoned as part of the process. Personal service must be legally made for the initial dissolution pleadings. This can be by personal service or can be by Notice and Acknlowledgement. A licensed private investigator can assist if there is difficulty in the personal service. Any responsive pleadings may be filed by the respondent after the service.
Jurisdicitonal issues can be very complicated. It is best to have a full legal analysis for where the proper jurisdiction would be prior to filing a petition or a response. For a free consultation, should you feel the need for a lawyer or an attorney for uniform child custody and jurisdictional enforcement case or a divorce, legal separation, or paternity, you can consider Doppelt and Forney, APLC. We can have a telephonic consultation in case you are somewhere out of state or in state.