When divorcing parents live in different states — or when one parent moves to another state after a California custody order is entered — determining which state's courts have jurisdiction to make or modify custody orders is governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). California has adopted the UCCJEA at Family Code section 3400 et seq. Understanding how jurisdiction works under the UCCJEA, what "home state" means, and how California courts interact with out-of-state custody orders protects parents who are navigating cross-border custody issues.
What Is the UCCJEA?
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a uniform law adopted by all 50 states that determines which state's courts have the authority to enter and modify child custody orders. The UCCJEA was designed to prevent "forum shopping" — where a parent moves to a new state and tries to get a more favorable custody order from that state's courts, undermining the original state's order. Under the UCCJEA California follows, a state that has jurisdiction over a custody matter retains that jurisdiction as long as the child or at least one parent continues to reside there.
Home State Jurisdiction Under the UCCJEA
UCCJEA California home state jurisdiction is the primary basis for a state court's authority to enter an initial custody order. The home state is the state where the child has lived with a parent for at least six consecutive months immediately before the custody proceeding was commenced (or since birth for children under six months). Which state has jurisdiction custody cases depend on where the child has actually lived — not where the parents want to file.
Home state custody jurisdiction under California courts is applied strictly. California courts apply the UCCJEA California home state rule strictly. If a parent removes a child from California and files for custody in another state within six months of the child's departure, California typically retains home state jurisdiction because the child lived in California for the requisite period immediately before the move. The parent who removed the child cannot establish a new home state simply by relocating.
Custody When Parents Live in Different States
Interstate custody California cases arise most commonly when: one parent has relocated to another state after the divorce, the parents never lived in the same state after the child was born, or a parent takes the child to another state in violation of a custody order. Custody when parents live in different states requires determining which state's court has jurisdiction to enter or modify orders before any substantive custody issue can be decided.
Out of state custody California cases where a California order already exists generally remain in California courts for modification purposes as long as the child or either parent continues to reside in California. A parent who moves to another state hoping that the new state's courts will give them a more favorable custody arrangement typically finds that the new state defers to California's jurisdiction under the UCCJEA.
Enforcing California Custody Orders in Another State
Under the UCCJEA, California custody orders are entitled to full faith and credit in every other state. A parent with a California custody order can register that order in another state's courts without relitigating the underlying custody issues. Once registered, the out-of-state court can enforce the California order as if it were the other state's own order.
Furubotten Law, APC handles interstate custody matters, UCCJEA jurisdiction disputes, and enforcement of California custody orders throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.