Modify Custody After PCS
You have unpacked the last box in Virginia Beach, but your California custody order still thinks the kids live in Santa Monica. Modifying custody after a PCS move requires shifting jurisdiction from California to the new state without accidentally triggering a “home state” battle that drags on for a year.
The Uniform Child Custody Jurisdiction and Enforcement Act gives you a narrow window to act, and missing it can force you to litigate 3,000 miles away from your new command.
Step One: California Must Decline Jurisdiction
- File a motion in California stating that the child no longer has a significant connection with the state
- Attach evidence of new school enrollment, medical providers, and extracurricular activities in the new state
- Request a written order declining continuing jurisdiction under UCCJEA section 202
- Serve the other parent at least 30 days before the hearing to avoid due process challenges
Last month we obtained a California order declining jurisdiction for a Navy chief who had lived in Virginia for eight months. The judge signed the minute order the same day, clearing the path for a Virginia modification without losing custody priority.
Step Two: Establish New Home State
The new state becomes the home state once the child has lived there for six consecutive months. We usually file the modification petition on day 181 with a certified copy of the California decline order attached. Waiting longer invites the other parent to file first in California, creating a race to the courthouse that you could lose.
We also include a declaration from the child’s new teacher or pediatrician to prove the child has adjusted and that modifying the schedule is in their best interest. Courts love objective third party testimony over parental he said she said.
Step Three: Craft A Deployment Proof Plan
Virginia or Texas courts are not familiar with California’s military friendly statutes, so we build in a step up parenting plan that reverts to extended virtual visitation if you deploy. We also reserve California’s right to reassert jurisdiction if both parents move back within a specified timeframe, preventing future forum shopping.
And we calendar the new state’s expedited hearing rules for deployed parents, which vary widely. Texas allows video testimony; Virginia requires a written affidavit. Knowing the local rule before you file keeps the case moving while you are underway.
Don’t let an outdated California order govern your kids’ new life. Upload your PCS orders here and we will coordinate the decline motion, the new state filing, and a deployment proof parenting plan in one package so your custody keeps pace with your career.
