Custody Disputes For Military Parents
Your ex just filed for custody in Texas while you are stationed in California, and suddenly you are drowning in competing court orders, conflicting school schedules, and two sets of lawyer bills.
Welcome to the world of interstate custody where the Uniform Child Custody Jurisdiction and Enforcement Act collides with military assignments that change every three years. Knowing which state keeps jurisdiction and how to move the case to California can save you months of airplane hearings and prevent a default judgment that strips your parenting time.
Home State Vs Military Exception
- California is home state if the child lived here for at least six consecutive months before the filing
- Physical presence under military orders does not count toward that six month clock
- Once California declines jurisdiction, another state can step in only if no parent lives here
We recently defeated a Florida filing by proving the child attended Santa Monica schools for seven months while mom lived on base. Florida dismissed the case within two weeks, saving our client six cross country flights and $18,000 in legal fees.
Temporary Absence During Deployment
If you are deployed from California but intend to return, the state keeps jurisdiction under Family Code 3427. The trick is documenting that intent with a lease, utility bills, and a command letter confirming PCS orders back to the state. We assemble a “return packet” so the judge sees concrete evidence, not vague promises.
We also calendar the thirty day window after homecoming to file a motion declaring California as the continuing jurisdiction. Miss that window and the other parent can argue you waived the right, forcing you to litigate in a state you have never lived.
Registering And Enforcing Out Of State Orders
Sometimes you need to enforce a Texas custody order in California because the kids are now living with you on base. We register the foreign decree under UCCJEA section 3445, a process that takes about ten days and does not reopen the merits. Once registered, the California court can modify enforcement terms such as pickup locations or travel schedules while leaving the original custody split intact.
And if the other parent violates the order by withholding the children, we request an emergency writ that can trigger an Amber Alert on base. Military police cooperate quickly when presented with a California court order, often recovering the children within hours.
Stuck between two states and two sets of papers? Upload both pleadings here and we will tell you in twenty four hours which state keeps jurisdiction and how to consolidate the case in California so you can parent without buying a plane ticket every month.
