What happens when you have an enforceable child custody order in another state but you move to California? Does that custody order go away? Do you have to re-file for the same terms in California? These are common questions clients have when dealing with a recent move. The good news is that out-of-state child custody orders are transferable to California. This means you do not need to start the process all over again. You simply need to register the out-of-state order in the appropriate California court and then it is enforceable here, just as it was in the state it was originally ordered.
How Do You Register Your Out-Of-State Order?
To register your out-of-state custody order in California, you will need to file:
- Registration of Out-of-State Custody Order (FL-580) or legal pleading stating the same information
- Declaration Under UCCJEA (FL-105)
- Two copies (one certified) of the child custody order from the state it was ordered in
In addition to filing the above-mentioned forms with the court, you will also need to give notice to the other party. Once the other party is properly notified, they will have 20 days from day of service to contest the registration of the order.
Is The Registered Order Modifiable?
The California Family Code section 3446(b) explicitly states that it cannot modify a registered out-of-state custody order. However, there are instances where it is possible. These include: (1) if the California court has jurisdiction to make an initial child custody determination; (2) the court that made the out-of-state order relinquished its jurisdiction; or (3) both parents and the child no longer live in the previous jurisdiction.
Why A Lawyer Can Help You
Even though filing to register your out-of-state custody order may seem straight-forward, you must make sure you are providing the court with the necessary information and properly filing and serving the paperwork on the opposing party. This process can get tricky, but an attorney can help you with that. The attorneys at Butler Law, PC are well-versed in child custody cases. Contact our office for more information on how you our attorneys can help you with your custody case today.