Even when California has jurisdiction over a child custody dispute, it may decide that another state is better positioned to hear the case. This is known as declining jurisdiction because California is an inconvenient forum.

Jurisdiction Does Not Always Mean California Will Decide the Case

The issue may be raised by either parent, by the California court, or by a court in another state. Before declining the case, the California court must allow the parties to present relevant information.

Parents cannot establish or transfer custody jurisdiction merely by agreement. The governing interstate standards must still be satisfied.

The Court Considers Practical and Safety Factors

Relevant considerations include how long the child has lived outside California, the distance between the courts, the parties’ financial ability to litigate in either location, and where the important evidence is located.

The court may also evaluate which court can resolve the matter more promptly and which court is more familiar with the family and prior disputes.

Domestic violence receives particular attention. The court should consider whether violence has occurred, whether it is likely to continue, and which state can best protect the child and the parties.

The Custody Case May Move While the Divorce Remains

When custody is only one issue in a divorce, California may decline the custody portion while retaining the divorce, property, and other issues within its authority.

If another state is found to be the more appropriate forum, the California court generally stays the custody proceeding on the condition that a case be promptly commenced in the other state. It may impose additional conditions to protect the child and preserve an orderly transfer.

Unjustifiable Conduct Can Create Separate Consequences

A parent should not manufacture California jurisdiction by wrongfully removing or retaining a child. Depending on the circumstances, the court may decline jurisdiction and require that parent to pay expenses caused by the conduct.

Important protections apply when a parent’s actions resulted from domestic violence or an immediate need to protect the child.

A California child custody attorney can present residence history, safety evidence, financial burdens, and the location of witnesses and records. Existing custody orders remain binding unless changed by a court with proper authority.