What Forms Do I File to Change Child Custody Jurisdiction
My question involves a child custody case from the State of: california and montana
My daughter lives and has gone to school here in montana for almost 4 years now. At her last 2 visits to California her father slipped back to drugs and domestic violence with new wives each time and my daughter around to witness. She will be 11 in decmber and is attiment about not wanting to go back there where she feels like she has to be the parent and very unsafe. I need help filing the correct forms I have filled out and printed orders for changes in parenting plan but nowhere can I find how to mo e case here to montana for her protection.
Re: What Forms Do I File to Change Child Custody Jurisdiction
Check the county law library for a practitioner's guide to family law in your state and see if it has sample forms to seek jurisdiction under the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA).
Re: What Forms Do I File to Change Child Custody Jurisdiction
I have tried that and have looked at many forms none of which seem to be right for this case? I make just over 20k per year with two dependents and don't qualify for legal help but cant afford a lawyer. His family has money and influence that keeps getting in the way of her safety.
Re: What Forms Do I File to Change Child Custody Jurisdiction
The forms pertaining to your state's taking jurisdiction under the UCCJEA are the forms to use to get jurisdiction transferred. Beyond that, having no access to the book, I cannot comment on what you're looking at.
Re: What Forms Do I File to Change Child Custody Jurisdiction
If the initial custody order is from California, the child has been living in Montana four years, and dad continues to live in California and his child visits with him regularly, then California has exclusive jurisdiction to modify custody.
Changing custody jurisdiction from one state to another is considerably more complicated than filling out and filing forms. If this is a DIY effort and the father does not agree, changing jurisdiction will not likely happen.
Changing jurisdiction would require you to domesticate the CA custody order and file a suit for modification in Montana, then coordinate with the California court for both judges to teleconference and determine if modification is appropriate. This often requires a need for attorneys in both states.
The California judge will have the final say on whether or not it will relinquish its jurisdiction to Montana.
If dad has an attorney and you do not, your chances of a change of jurisdiction get mighty darn close to zero. Even with an attorney on your side it would likely be an uphill battle.