California Military Families: Custody Across State Lines

The UCCJEA Framework: Home State Jurisdiction

The Uniform Child Custody Jurisdiction and Enforcement Act establishes clear rules for determining which state has authority to make child custody decisions. All 50 states have adopted the UCCJEA, creating a uniform national system that prevents conflicting custody orders and forum shopping between states.

Under the UCCJEA, a child’s “home state” has primary jurisdiction over custody matters. The home state is defined as the state where the child has lived with a parent or person acting as a parent for at least six consecutive months immediately before the custody proceeding begins. For children under six months, the home state is where the child has lived since birth.

For military families, the home state determination can be complex. Children may have lived in multiple states due to Permanent Change of Station orders, or they may be residing temporarily in another state while a parent deploys. The UCCJEA addresses these situations through the “temporary absence” provision, which counts time spent away from the home state as part of the six-month period if the absence is temporary.

California Family Code Section 3402 incorporates the UCCJEA’s temporary absence rule and explicitly applies it to military families. This means that when a service member deploys and the child relocates to another state to stay with the other parent or relatives, that relocation does not automatically change the child’s home state. California retains its status as the home state, preventing the non-deployed parent from establishing new jurisdiction simply by keeping the child in their care during deployment.

Exclusive Continuing Jurisdiction: California’s Retained Authority

Once a California court makes an initial custody determination, it retains “exclusive, continuing jurisdiction” over the matter until specific conditions are met. This means that no other state can modify the California order unless California first relinquishes jurisdiction or the parties no longer have sufficient connections to California.

Family Code Section 3422 establishes that a California court that has made a custody determination has exclusive, continuing jurisdiction unless: (1) California determines that neither the child nor the parents have a significant connection with California and substantial evidence concerning the child’s care is no longer available in California; or (2) California or another state determines that the child and parents do not presently reside in California.

The exclusive continuing jurisdiction rule prevents forum shopping, where a parent might move to a state with more favorable custody laws and immediately file for modification. For military families, this means that a non-deployed parent cannot gain tactical advantage by relocating to another state and seeking custody modification there. As long as the service member maintains a significant connection to California, California retains jurisdiction.

Family Code Section 3047(e) specifically addresses military relocations by providing that “the relocation of a child to another state by a non-relocating party during the time a party is deployed out of state is deemed a temporary absence and does not affect the determination of the child’s home state for purposes of the Uniform Child Custody Jurisdiction and Enforcement Act.” This statutory provision ensures that deployment-related relocations do not inadvertently shift jurisdiction to another state.

Military Deployment and Temporary Absence Protection

Deployment creates unique jurisdictional challenges because service members may be absent from California for extended periods while serving in other states or overseas. Without specific protection, this absence could be interpreted as abandonment of California residency, potentially allowing another state to claim jurisdiction.

The UCCJEA’s temporary absence provision directly addresses this concern. Time spent away from the home state due to deployment, mobilization, or temporary duty is counted as part of the six-month home state period rather than breaking the continuity of residence. This means that a child who lives in California for four months, then spends two months in another state while a parent deploys, still meets the six-month home state requirement.

This protection applies regardless of the length of deployment. Whether the service member deploys for two weeks of training or two years of combat duty, the absence is deemed temporary for UCCJEA purposes. The child’s connection to California remains intact, and other states cannot exploit the deployment to establish jurisdiction.

The temporary absence protection also applies when the non-deployed parent relocates with the child to another state during the deployment. Family Code Section 3047(e) explicitly states that such relocations are temporary absences that do not affect the home state determination. This prevents the non-deployed parent from establishing a new home state by simply keeping the child in another state for the duration of the deployment.

Permanent Change of Station Orders and Jurisdiction

Permanent Change of Station orders present different jurisdictional considerations than deployments because PCS moves are typically permanent rather than temporary. When a service member receives PCS orders to a new duty station, the family must decide whether to relocate together or maintain separate residences.

If the entire family relocates to the new duty station, the child’s home state may eventually change. After six months of residence in the new state, that state becomes the child’s home state and can assume jurisdiction over custody matters. However, California retains exclusive continuing jurisdiction until the new state actually exercises jurisdiction or California determines that it no longer has significant connections to the case.

When the service member relocates alone while the family remains in California, the jurisdictional analysis is straightforward. California clearly remains the child’s home state, and the service member’s move does not affect California’s exclusive continuing jurisdiction. The non-deployed parent cannot claim that the service member’s relocation to another state justifies changing jurisdiction or custody arrangements.

Service members facing PCS orders should consider the jurisdictional implications when deciding whether to relocate with their families. If maintaining California jurisdiction is important, keeping the family in California while the service member moves alone preserves California’s authority. However, this arrangement creates practical challenges for parenting time and requires careful coordination of visitation schedules across state lines.

Enforcing California Orders in Other States

The UCCJEA requires all states to enforce custody orders issued by other states that had proper jurisdiction. This full faith and credit provision ensures that a California custody order is valid and enforceable nationwide, preventing a parent from evading custody obligations simply by crossing state lines.

For military parents, this enforcement mechanism is crucial. When a service member is stationed in another state or overseas, the non-deployed parent may need to enforce California custody orders in the state where the child is currently located. The UCCJEA provides streamlined procedures for registering and enforcing out-of-state custody orders.

Family Code Section 3443 requires California courts to recognize and enforce custody determinations made by other states if those courts had jurisdiction consistent with the UCCJEA. Conversely, other states must recognize and enforce California custody orders. This reciprocal enforcement ensures that military parents do not lose the protection of their custody orders simply because the child is temporarily located in another state.

The enforcement provisions apply even when the other state’s laws might have resulted in a different custody outcome. As long as the California court had proper jurisdiction under the UCCJEA, the other state must enforce the order regardless of whether it agrees with the custody determination. This prevents states from second-guessing each other’s custody decisions and ensures stability for children of military families who move frequently.

Modifying Orders Across State Lines

When circumstances change, parents may need to modify existing custody orders. The UCCJEA establishes clear rules about which state can modify an order, preventing conflicting modifications from different states and ensuring that children are not subject to multiple, incompatible custody determinations.

Generally, only the state that issued the original custody order can modify it, as long as that state retains exclusive continuing jurisdiction. This means that if a California court issued the original custody order, only a California court can modify that order unless California loses jurisdiction under the standards of Section 3422.

For military families, the question of when California loses jurisdiction is particularly important. If a service member receives PCS orders to another state and the entire family relocates, California may eventually lose jurisdiction if the family establishes the new state as their permanent home. However, this requires more than simply moving; the family must demonstrate that they have abandoned California as their home state and established significant connections to the new state.

Service members who maintain California as their home of record, keep California driver’s licenses and voter registration, or intend to return to California after military service may help preserve California jurisdiction even while living elsewhere. These connections demonstrate that the absence from California is temporary, preserving California’s status as the home state.

Emergency Jurisdiction: Protecting Children in Crisis

While the UCCJEA establishes home state jurisdiction as the primary rule, it also provides for temporary emergency jurisdiction when a child is present in a state and has been abandoned or is in danger of abuse. This provision allows courts to act immediately to protect children, even if another state would normally have jurisdiction.

For military families, temporary emergency jurisdiction may arise when a service member deploys and the child is left with a caregiver who proves unfit, or when domestic violence occurs in the home where the child is staying during deployment. The state where the child is currently located can enter temporary orders to protect the child, but these orders are explicitly temporary and must be coordinated with the home state court.

Family Code Section 3424 establishes California’s authority to take temporary emergency jurisdiction and requires that California courts communicate with courts of other states that have jurisdiction to ensure proper coordination. If a California court takes emergency jurisdiction because a child of a deployed service member is in danger in another state, the California court must communicate with the other state’s courts to determine whether the emergency is ongoing and whether the other state should assume jurisdiction.

The temporary nature of emergency jurisdiction is particularly important for military families. A non-deployed parent cannot use an emergency custody order obtained while the service member is deployed to establish permanent custody rights. Once the emergency passes or the service member returns, the court must either return jurisdiction to the home state or determine that the home state has lost jurisdiction under the standards of Section 3422.

Practical Strategies for Multi-State Custody Management

Successfully managing custody arrangements across state lines requires proactive planning and strategic decision-making. Military parents can take specific steps to preserve their rights and maintain meaningful relationships with their children regardless of where military service takes them.

Maintaining strong connections to California helps preserve jurisdiction and demonstrates that absences are temporary. This includes keeping California as your home of record, maintaining voter registration and driver’s licenses in California, filing California state income tax returns, and ensuring that children attend California schools during visits or breaks. These connections show that California remains your permanent home despite military relocations.

When negotiating custody agreements, military parents should include provisions that specify California retains jurisdiction and that any temporary relocations due to military service do not affect the home state determination. These contractual provisions, while not binding on courts, demonstrate the parties’ intent and can influence jurisdictional determinations.

Communication and documentation are essential when managing multi-state custody arrangements. Keep detailed records of all custody exchanges, communications with the other parent, and any incidents that might affect custody. This documentation becomes crucial if jurisdiction disputes arise or if enforcement becomes necessary in another state.

Virtual Visitation and Interstate Parenting

Technology bridges the geographic gaps created by military service, allowing parents to maintain meaningful relationships with their children regardless of physical distance. California courts increasingly recognize virtual visitation as an essential component of custody arrangements for military families living in different states.

Family Code Section 3100 authorizes courts to order virtual visitation as part of custody arrangements, and Section 3047 specifically requires courts to consider arrangements that allow deployed parents to maintain “frequent and continuing contact with the child by means that are reasonably available.” For interstate custody arrangements, virtual visitation becomes the primary method for maintaining parent-child relationships between in-person visits.

Courts should specify virtual visitation requirements in custody orders to prevent disputes about frequency, duration, and technology platforms. Orders should include provisions for daily or weekly video calls, specify acceptable platforms (FaceTime, Zoom, Skype), and establish consequences for interference with scheduled virtual contact.

For military parents stationed in other states, virtual visitation provides regular contact that supplements in-person visits during leave periods and school breaks. This consistent contact helps maintain parent-child bonds despite geographic distance and demonstrates the parent’s ongoing commitment to their relationship with the child.

Coordinating with the Servicemembers Civil Relief Act

The federal Servicemembers Civil Relief Act (SCRA) provides procedural protections that complement the UCCJEA’s jurisdictional rules. While the UCCJEA determines which state has substantive jurisdiction over custody matters, the SCRA ensures that service members can participate meaningfully in proceedings regardless of where they are stationed.

The SCRA allows service members to request stays of civil proceedings, including custody cases, when military service materially affects their ability to appear. These stays prevent courts from proceeding to judgment in the service member’s absence, ensuring that jurisdictional determinations and custody decisions are not made without the service member’s input.

The SCRA applies regardless of which state has jurisdiction under the UCCJEA. Whether the case proceeds in California or another state, the service member can invoke SCRA protections to ensure fair participation. This federal overlay ensures that military service does not disadvantage service members in custody proceedings, regardless of interstate jurisdictional complexities.

When facing custody proceedings in another state, service members should invoke both the UCCJEA’s jurisdictional protections and the SCRA’s procedural protections. The combination ensures not only that the proper state hears the case but also that the service member can effectively participate in that state’s proceedings.

Frequently Asked Questions

Protecting Your Family Across State Lines

Military service requires sacrifice, but it should not require sacrificing your relationship with your children. California’s comprehensive legal framework, combining the UCCJEA with military-specific protections in Family Code Section 3047, ensures that service members can maintain meaningful parental relationships regardless of where military duty takes them.

The key to successfully navigating multi-state custody issues is understanding that California jurisdiction travels with you. Your deployment to another state, your PCS orders to a new duty station, or your temporary assignment overseas do not automatically sever your California custody rights. The law recognizes that military service creates temporary absences, not permanent relocations, and protects your jurisdiction accordingly.

Proactive planning, clear documentation, and working with attorneys who understand both military life and interstate custody law are essential for protecting your family across state lines. By maintaining your California connections, invoking your statutory protections, and staying engaged with your children through virtual and in-person contact, you can serve your country while remaining an active, involved parent.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Sources:

• California Legislative Information – Family Code
• California Courts – Official Website
• Uniform Law Commission – UCCJEA
• Wikipedia – Military