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  1. #1
    Join Date
    Jan 2019
    Posts
    18

    Question Emergency Jurisdiction and Custody

    My question involves a child custody case from the State of: CA

    My question involves an interstate issue. 9 months ago I left NY and moved to CA due to domestic violence. Here I have a 3 year restraining order and sole custody of my children due to CA taking emergency jurisdiction due to the restraining order. The order covers myself and my children. I found out today that my husband is trying to serve me papers but he does not know my new address. I don't know if it's for divorce or custody but my question is IF it's for custody, and the kids are now residents of CA plus the DVRO exists, how does that all work? And if it was for divorce how does the custody issue get handled in that case with a restraining order in place and the kids now being residents of CA?

  2. #2
    Join Date
    Mar 2013
    Posts
    16,669

    Default Re: Emergency Jurisdiction and Custody

    Process service is not a violation of the restraining order.

    Suing for custody is not a violation of the restraining order.

    You'll be allowed to be in the same courtroom in spite of the restraining order. So, to that extent, a custody issue would be handled just as it always is.

    This is not going to go away so if you don't want your ex to know where you are I suggest you hire a lawyer who can accept service on your behalf and represent you until you have to appear in court.

  3. #3
    Join Date
    Jan 2019
    Posts
    18

    Default Re: Emergency Jurisdiction and Custody

    What I meant was since the restraining order is in the place here in CA and he's trying to file in NY where we are no longer residents, can a hearing regarding custody be heard in NY. And how could he get more custody with the restraining order in place?

  4. #4
    Join Date
    Oct 2006
    Posts
    15,112

    Default Re: Emergency Jurisdiction and Custody

    Quote Quoting EShear0715
    View Post
    What I meant was since the restraining order is in the place here in CA and he's trying to file in NY where we are no longer residents, can a hearing regarding custody be heard in NY. And how could he get more custody with the restraining order in place?
    IF you get served, you would hire an attorney in NY to file a motion asking for dismissal of the case as NY does not have jurisdiction for a custody case. If its a divorce case which would include custody of the children then you would still need to hire an attorney in NY to handle the divorce and to make it clear that NY does not have jurisdiction for custody of the children. The judge would also need to be made aware that CA has already made custody orders regarding the children and made aware of the restraining order and an attorney would be best placed to make the judge aware.

  5. #5
    Join Date
    Jan 2019
    Posts
    18

    Default Re: Emergency Jurisdiction and Custody

    Quote Quoting llworking
    View Post
    IF you get served, you would hire an attorney in NY to file a motion asking for dismissal of the case as NY does not have jurisdiction for a custody case. If its a divorce case which would include custody of the children then you would still need to hire an attorney in NY to handle the divorce and to make it clear that NY does not have jurisdiction for custody of the children. The judge would also need to be made aware that CA has already made custody orders regarding the children and made aware of the restraining order and an attorney would be best placed to make the judge aware.
    Thanks llworking! Again you're knowledge and answers are knowledgeable and helpful!

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