In Marriage of Olson, decided July 30, 2015, the court held that even though a parent defaulted(failed to participate) when the custody judgment was entered, the defaulting parent can still seek a post-judgment custody modification because the primary concern is the well-being of the children.
In Jane J. vs. Superior Court, published June 16, 2015, the Court reaffirmed the importance of the move away factors set forth in Marriage of LaMusga and went on to stress the importance of being a good parent when requesting permission to move the children’s residence.
In Schneer vs. Llaurado, filed December 9, 2015, the Court ruled that the Uniform Child Custody Jurisdiction(authority to decide the case) and Enforcement Act is the exclusive method of determining subject matter jurisdiction in child custody cases. Further, that jurisdiction over a child custody dispute either exists or does not exist at the time the Petition is filed. In this case the Court found that if the child resided in California for at least six continuous months and if the mother moved the child less than six months before father filed his California Petition, the child’s absence from California for almost four months before father filed his Petition was not determinative because the father continued to reside in California. Under these facts the Court held that California had home state jurisdiction.
Each of the above cases demonstrate the importance of both facts and law in child custody decisions. For these reasons it is always a good idea to consult with a Family Law attorney before seeking relief(orders) from the Court.
Feel free to contact our office to schedule a consultation regarding custody decisions as they pertain to a family law matter. The Law Office of Family Law Specialist Richard E. Bawden also handles legal issues regarding adoption, annulment, collaborative divorce, divorce, domestic violence, litigation, legal separation, mediation, paternity, spousal support, step-parent adoptions, as well as pre-marital and post-marital agreements. Dial 909.792.0222 or email us at [email protected] You might also want to get more information at our website: www.richardbawdenlaw.com. The Law Office of Richard E. Bawden serves the Inland Empire including Riverside, San Bernardino, Rancho Cucamonga, Fontana, Redlands, Loma Linda, Mentone, Yucaipa, Beaumont, Banning and Hemet.