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  1. #1
    Join Date
    May 2011
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    7

    Default Custody Litigation in Two States at the Same Time

    My question involves a child custody case from the State of: California
    My husband filed for custody in Oct of 2010 in California, the mother of his child was served and appeared in court then filed against him in Dec of 2010 in Washington. We all now live in WA but the court processes are still in California as of my other post we found out that they have to be completed or stayed in CA before we can continue in WA. My question is this since we are currently doing everything in CA can she legally serve him with the paperwork she filed in WA? Can we file something in WA that tells them that there is a current case in CA?
    She keeps threatening my husband with service every time we take the child for visits on the weekend. Its become tiresome for us and scary for the child because she always tries to provokes a fight between her and my husband.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Custody Litigation in Two States at the Same Time

    Is she attempting to get jurisdiction transferred to Washington under the UCCJEA, based upon the fact that all parties and the child now reside in Washington?

  3. #3
    Join Date
    May 2011
    Posts
    7

    Default Re: Custody Litigation in Two States at the Same Time

    That's what we were trying to do but the courts are giving us the run around. We don't mind transferring to WA, we want to. Our concern is that if she serves us up here would they would completely disregard everything we have already done in CA? The case in CA has been going on for months now and I know there are no allowances for similar cases yet I can find no paperwork to file in WA that would inform them that there's an ongoing case. We cannot find help to put in a motion or something in CA to transfer it from state to state. Oh, and she doesn't seem to be trying to move it, she is filing the WA equivalent to the CA papers that we served her with back in Oct. She filed a custody petition in Dec of 2010 (two months after we did) and she just recently in April filed some declarations, yet she is filing nothing in CA, not even a response to our petition. CA took jurisdiction so I don't know what to do at this point but continue in CA.

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