Summary
Under the UCCJEA, California, as the childs home state, generally has jurisdiction over custody matters. If the mother wants to alter the custody order, she must do so in California. North Carolina may enforce its own custody order, but California can modify it if North Carolinas jurisdiction no longer exists. The courts primary concern is the childs best interest, considering factors like parental involvement and financial support. Consult a local attorney for personalized advice.Full Conversation
Child home state is California but is in North Carolina with mother that decided to keep her
In this situation:
- The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) applies.
- The child's "home state" (California) usually has jurisdiction.
- However, if a child has lived in another state (North Carolina) for 6 months, that state may be able to take jurisdiction.
Please consult a local attorney for specific advice.
Child has been living in California for the last 4 years
Under the UCCJEA:
- California, being the child's home state, has jurisdiction.
- If the mother wants to alter the custody order, she must do it in California.
- If the child is in danger, North Carolina could take temporary emergency jurisdiction.
Do consult a local attorney for personalized advice.
But child is with mom and costudy orders are in North Carolina does that matter
Under the UCCJEA:
- North Carolina may enforce its own custody order.
- If the mother wants changes, she must request it in North Carolina.
- California can modify the order if it finds North Carolina's jurisdiction no longer exists.
Please contact a local attorney for detailed advice.
When venue is change to California since that’s the child home state will child be return
Under the UCCJEA:
- If California takes jurisdiction, it may not necessarily mean the child will immediately return.
- The court will decide based on the child's best interest.
- Consult a local attorney for advice tailored to your situation.
What if they grant me temporary costudy
If they grant you temporary custody in California:
- You'll have legal responsibility for the child during this period.
- The child will live with you until the court makes a final decision.
- Consult a local attorney for further guidance.
Will the court choose mother even tho she has not been much in child’s life
In child custody cases:
- The court's primary concern is the child's best interest.
- The parent's involvement in the child's life is an important factor.
- However, other factors are also considered.
Please consult a local attorney for specific advice.
Mother hasn’t ever made effort in seeing child in the last 4 years
In child custody cases:
- Lack of involvement can influence the court's decision.
- The court weighs many factors, including parental involvement.
- It's essential to consult a local attorney for specific advice.
Says just because she was in the miltarey station in North Carolina she wasn’t able to take care of child or be in her life
In child custody cases:
- Military service can influence the court's decision.
- However, the primary consideration is the child's best interest.
- Consult a local attorney for personalized advice.
She’s been out of the military for the lastv2 years
In child custody cases:
- The court may consider the mother's availability post-military service.
- The child's best interest is always the primary concern.
- Consult a local attorney for specific advice.
She never helpled with child expense and she was receiving extra pay in military because she was primary
In child support cases:
- The court can consider the mother's financial contribution, or lack thereof.
- Her receiving extra pay in the military may be relevant.
- Always consult a local attorney for specific advice.
She has no connection with daughter
In a custody decision:
- The court will consider the emotional bond between the child and parents.
- If the mother lacks connection, it could influence the court's decision.
- Consult a local attorney for personalized advice.
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