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?
In San Diego, there are cases in which a Uniform Child Custody and Jurisdictional Enforcement issue is presented and proceed by petition. The petition must be verified and the orders and/or judgment also certified. Any judgment or order for custody and visitation for a paternity, legal separation or divorce from another state or country can be the subject of this Uniform Child Custody and Jurisdictional Enforcement Act.
The petition must state the basis regarding jurisdiction for the issuing court in which the child custody order is to be enforced. In addition, the petition must include whether the determination of any enforcement being sought has been modified, stayed or vacated by a proper court and so identified. The petition must, furthermore, include if any other proceeding has been commenced which may affect the current petition including adoptions, termination of parental rights, protective orders and any domestic violence. The address of the child and respondent must be listed if known. There can also be a request for relief including assistance from law enforcement officials such as the San Diego District Attorney Child Abduction Unit or the immediate physical custody and/or attorney fees. This can also include whether or not the child custody determination has been confirmed and registered.
When the petition is filed, the Court will issue an order directing the respondent to appear in person with [or without] the child at a hearing. The Court will try to accommodate an expedited hearing but the first requirement is personal service. If the location of the respondent and child are not known, then a licensed private investigator can assist.
After service, the respondent may file any responsive pleadings. These can include that the determination of child custody has not been confirmed or registered pursuant to California law. In addition, the below factors also have to be established to be true. First, that the issuing court did not have jurisdiction to do so under California law. Second, that the child determination which is sought to be enforced by the petitioner has been stayed, vacated or modified. Third, that the respondent was entitled to notice which was not provided in the proceedings in which enforcement is sought.
If you need an attorney or lawyer for a Uniform Child Custody and Jurisdictional Enforcement case or for a divorce, paternity or legal separation, please feel free to contact our office for a consultation. If you are out of state, we can consult telephonically.