When Does California Have Jurisdiction to Modify a Child Custody Order?

If a California court is called on to modify a custody determination made by a court of another state, it generally cannot modify the other state's custody determination unless the facts warrant temporary emergency Fam C §3424. Generally, the state that made the initial custody determination will have exclusive, continuing jurisdiction. Fam C §§3422-3423; Marriage of Paillier (2006) 144 CA4th 461, 469, 50 CR3d 459. The criteria for initial custody jurisdiction under the UCCJEA are set forth in Fam C §3421(a)-(b). jurisdiction.

However, a California court may modify an initial or subsequent order of another court if: (1) the California court has jurisdiction to make an initial custody determination under Fam C §3421(a)(1) or (a)(2); and (2) either of the following conditions is met:

· The court of the other state determines that it no longer has exclusive, continuing jurisdiction under Fam C §3422 or that a California court would be a more convenient forum under Fam C §3427; or

· A California court or a court of the other state determines that the child, the child's parents, and any person acting a parent do not presently reside in the other state. (Fam C §3423):

“The court that first enters a custody decree on a matter gains exclusive jurisdiction, but that jurisdiction continues only until all parties and the children that were the subject of the decree have left the state. “ Novatny v. Novatny, (Ind. Ct. App. 2007) (citing In re Custody of A.N.W., 798 N.E.2d 556, 561 (Ind. Ct. App. 2003) , trans. denied.)

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