Where Can I File My Divorce Or Child Custody Case?
San Diego is a military town. It is not uncommon for a divorce to occur in a military family which has lived in several different military towns over the course of years. Sometimes a couple will separate and end up living in different cities or states before the divorce case is filed. Sometimes unmarried couples have a child and then decide to go their separate ways, also to different cities and states, without having obtained a child custody order from a court. Hire San Diego Divorce Lawyer for handling cases and providing quality services related to divorce or child custody.
So when a party decides to seek a judicial determination of these issues, where do they go? Often, a person will attempt to go to the nearest courthouse, but that is often not the correct venue for the legal controversy, be it divorce or child custody.
Before filing a divorce or child custody case, your attorney will need to know how long you and/or your spouse has been in California, and how long each of you has lived in San Diego County. Legal advice and Jurisdiction over minor children in child custody cases will be governed by the Uniform Child Custody and Jurisdiction Enforcement Act (UCCJEA).
Your attorney will need to know if the child has lived with anyone else during those time periods who acted as a parent. If you were divorced in another jurisdiction and neither of you currently lives in that jurisdiction, you may nevertheless have to file your pleadings in that original jurisdiction .
Sometimes a party serves another person with divorce or child custody papers which were filed in a court without proper jurisdiction. It is possible for a person to consent to jurisdiction where none would have been present if the person had objected.
This is why it is important to contact an attorney whether you have been served divorce papers, child custody papers, or are just considering whether to file for divorce or child custody. If you find yourself in this situation, contact attorney Michael C. MacNeil and schedule a free consultation.
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