International Child Custody Divorce Lawyer

Brief statement:

Generally, a California court may hear and determine a child custody matter if the party seeking California jurisdiction can establish California as the child’s home state when the proceeding commenced or it was the child’s home state six months before commencement of the proceeding and a parent is present in the state despite the child being absent.  The California court may also assert emergency jurisdiction and make emergency orders in appropriate cases.  If the prerequisites for jurisdiction are met, California will have authority to make an initial child custody order. Otherwise, California will not have authority to adjudicate the child custody issue.

If you are planning to obtain custody of your child in California, the child must reside in the county for at least 6 months.  However, if the child leaves the county for over 6 months, the court is likely to lose jurisdiction over the child custody issues.  However, there are exceptions to this rule that our offices may be able to help you with.  For example, our offices handled a matter where the mother took her children to China for over 6 months and the father filed for child custody at a later date. We were able to re-establish the home state for the child so that the court can rule on the child custody and our client was able to maintain his custody and visitation rights. Otherwise, he may have to face losing the capability of having access to the child at all, but still paying the other party spousal support and child support.

Detailed Statement:

International child custody disputes are a specialized area of child custody law involving complex legal issues of U.S. and international law.  At The Zhou Law Group, APC we are equipped to handle situations in which a parent wants to move to another country with the child, either after divorce or at the time of separation.   We are also experienced at representing parents wishing to prevent a move with the child out of the county, State, or out of the country.  Additionally, we are experienced at handling situations when a parent has already moved to another country with the child without permission from the courts, and the other parent wants the child back in Santa Clara County.

The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) is applicable in all child custody matters.  Generally, under the UCCJEA, a California court may hear and determine a child custody matter if the party seeking California jurisdiction can establish California as the child’s home state when the proceeding commenced or it was the child’s home state six months before commencement of the proceeding and a parent is present in the state despite the child being absent.  The California court may also assert emergency jurisdiction and make emergency orders in appropriate cases.  If the prerequisites for jurisdiction are met, California will have authority to make an initial child custody order.

If you are planning to obtain custody of your child in Santa Clara County, the child must reside in the county for at least 6 months.  However, if the child leaves the county for over 6 months, the court state is likely to lose jurisdiction over the child custody issues.  However, there are exceptions to this rule that our offices may be able to help you with.  For example, our offices handled a matter where the mother took her children to China for over 6 months and the father filed for child custody at a later date.  The father was able to prevail by retaining jurisdiction over the child custody in Santa Clara County by binding the child support issues in California, and not China.  The father would have lost all visitation rights and would no longer be able to see his children but for obtaining proper jurisdiction in this county.  The father was able to reduce child support and have the court order ongoing visitations with his children.  This was an exceptional win for the client.

The child custody attorneys at The Zhou Law Group, APC can help you determine whether California Court has jurisdiction to make or enforce a child custody order.  Once jurisdiction is determined, The Zhou Law Group, APC will assist you in obtaining the child custody order you desire.  To arrange a free 1/2 hour initial consultation, call (408)289-9688, or contact us online at www.sanjoseattorneys.com.

CategoryDivorce