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John and Mary got a divorce and filed a custody arrangement. Now, Mary wants to move to a new state and take her child with her. She files a petition for custody modification in her new state. Unfortunately, the court denies her request because the state does not have jurisdiction. Child custody isn’t just about filing paperwork, explaining your case to the judge, and receiving a judgement. You must also have jurisdiction. What does that mean? Here are five important details you should know when dealing with child custody jurisdiction. 1. Jurisdiction—A Definition Jurisdiction grants a court the right to exercise their authority and apply the law. In other words, it’s the right of the court to hear and decide your case. 2. The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) For the court to hear and consider child custody or visitation rights, a state must first have jurisdiction over the child. So, what state has jurisdiction? To provide blanket enforcement rules across the nation, the National Conference of Commissioners on Uniform State Laws drafted the UCCJEA. It clarifies that the child’s home state, or the state in which the child has lived for six continuous months, holds jurisdiction over the child. The act also includes uniform procedures for the registration and enforcement of custody orders across state lines. The UCCJEA was drafted in part to keep parents from shopping for a more favorable court. Massachusetts is the only state (including the territories of D.C., Guam, Puerto Rico, and the Virgin Islands) that has not adopted the UCCJEA. 3. Continuing Jurisdiction Once custody has been heard and decided in court, that state maintains continuing and exclusive jurisdiction over the child up and until significant connection to the state changes or dissolves, or neither parent lives in that state any longer. 4. UCCJEA Exceptions Exceptions to the UCCJEA include: When a child hasn’t lived in a state for six consecutive months. Jurisdiction then falls to the state where the child has lived the longest and to which the child has significant connections (i.e. family and friends). A court outside of the child’s home state files a temporary emergency order due to child abuse or domestic violence. Adoption, juvenile delinquency, emancipation, or emergency medical care. When a parent or guardian has sole legal and physical custody. If foreign custody orders have not been adopted and recognized by the U.S. 5. Kidnapping and Child Abduction Moving to another state without having sole legal and physical custody, or having a custody arrangement to do so, could be deemed by state law as kidnapping. However, if the parent files for an emergency order in another state, the laws behind the definition of kidnapping become grayer. In the same vein, moving to another country without an official custody order could constitute international child abduction. To avoid these issues, consult an attorney who understands the UCCJEA before removing a child from their home state.

Becoming a guardian is an admirable thing to do. Guardianship protects children but does not strip away the rights of the biological parents. In other words, once the parents are again able to provide the child a safe environment, the child may return to them safely. However, there may be occasions when the biological parents are never able to properly care for their child. When this happens, it may be time to sever all rights the biological parents may have by officially adopting the child. Below are five steps to go from guardianship to adoption of a ward. 1. Ask the child if they would like to live with you permanently Depending on their age, the court may ask the child directly if they would like to be adopted. Talking to the child about what adoption would mean and why you would like to adopt them makes sure they are mentally ready for the next steps, and that it is the right course of action. If the child is younger, having this conversation with them will ensure that what you are doing doesn’t frighten them or cause friction later. If the child is closer to 18, it may be best to remain a guardian. 2. Contact an adoption lawyer If both the guardian and the child are in agreement that adoption is appropriate, the next step is to hire an adoption lawyer. This will help ensure the process runs smooth and that all paperwork is done correctly. A good adoption attorney will also walk you through the process with ease and help fight for you when it comes to objections from the biological parents. 3. Obtain a home study In California, the guardian must first obtain a home study to adopt a child. A home study helps the state verify that the home is stable, answers any questions you may have, and helps you understand all adoption opportunities. The process may feel overwhelming at first, as it requires individual interviews, home visits, background checks, physical exams, and the verification of financial and employment records, but it’s the best, most thorough way to verify the adoption is in the best interest of the child. 4. Finalize the guardianship to adoption process in court Whether the biological parents voluntarily agree to terminate their parental rights or the court mandates such termination, the final step for adoption is getting a judge to finalize the adoption. Contact King Law Firm Attorneys at Law, Inc. for more information and a complimentary consultation.

People change, jobs change, environments change. When you have children, these changes can become complicated and stressful, especially if it means relocating a child out of state. Whether you have custody or guardianship over a child, if another parent or family member is still in the picture, moving with a child can become complicated, especially if one fails to adhere to court agreements. Below are a few things to know before deciding to move a child out of state. Custody vs. Guardianship Custody is when someone has full (or shared) responsibility over a child. Sole custody gives the bulk of the responsibility to one parent (and visitation to another) while joint custody gives responsibility and shared living arrangements to both parents. Guardianship, meanwhile, grants responsibility of a child over to a non-biological caretaker. This means the biological parents may still be in the picture but have been deemed unable to provide a healthy life for the child. Relocation as a Primary Custodial Parent Whether moving for a job, a change of scenery, or a better education, the primary custodian (aka the parent for which the child lives the most) should review the custody arrangement before making any final decisions. If the primary custodian is moving outside of a court-approved radius, they must provide the court and the non-custodial parent written notice about their decision 45 days prior to the move. This gives the secondary custodian time to contest it. Parents with sole custody usually have a presumptive right to move out of state, however, a parent with joint custody who wants to move a child out of state must file a move-away order. Factors a judge will consider during a move-away hearing include: The distance of the move The emotional, environmental, educational, and physical needs of the child The child’s relationship with the parents Whether there’s a support system in place in the new location If granted, the move-away order would force the modification of the original custody arrangement, which may not always go in favor of the primary custodian. Relocation as a Guardian Unlike custody, guardianship is much more involved when choosing to move a ward out of state. In California, the guardian must fill out the following forms and submit them to the court 45 days prior to moving: Petition to Fix Residence Outside of the State of California (Form GC-085) Notice of Hearing – Guardianship or Conservatorship (Form GC-020) Order Fixing Residence Outside of the State of California (Form GC-090) These forms must also be served to all interested parties, including the biological parents, within 15 days of the move. Should an interested party object, a hearing will decide if relocation is in the best interest of the child. If the move is granted, the guardian will need to file for guardianship in the new state and relinquish their guardianship in the old state. If this all seems overwhelming, contact a family lawyer who can help mitigate the stress.

Plenty can happen to make the holiday season stressful. Simply knowing they’re just around the corner is bad enough; then there’s dealing with shopping, meal preparations and family obligations. The last thing you want is to fight with your former spouse about how much time each of you will get to spend with your son or daughter. Every good parent wants to spend every holiday and special occasion with their children. Depending on a family’s custody arrangements and personal circumstances, though, doing so may not be possible. In almost all cases, compromise is essential. To give you the best chance at a stress-free holiday season, we’ve compiled three key components for dealing with custody during the holidays. Make a Schedule and Stick to it Whether it’s Thanksgiving, Christmas, or New Year’s, having a set schedule is the foundation for a strong, healthy custody arrangement. Holidays should always be split equally between each parent. The first step may be to divide holidays based on the current custody arrangements. Once you know which holidays fall during a specific parent’s schedule, it becomes easier to decide how to divide the holidays accordingly. If both parents wish to spend certain holidays with the child, consider sharing the holiday, wherein one parent has the child in the morning and the other in the evening. You may also consider alternating years, which can best help relieve a child’s stress level. Whatever’s agreed upon, a clear schedule mitigates confusion, anger and fighting among parents and provides security and a more positive experience for the child. Don’t fight the change; Embrace it. No matter what schedule you agree upon, sharing custody will never be easy if you continue to try and recreate the past. To fully appreciate the future, you must move forward, not backward. First and foremost, acknowledge that things will be different in years to come and embrace these changes by remaining flexible when it comes to creating new traditions with your child. Communicate The ultimate key to maintaining a strong relationship with your former spouse and children during the holidays is, and always will be, communication. Things change over time. Emergencies happen, work issues come up, children’s moods change. No matter the case, communicating with your spouse and child when things do change will reduce the amount of stress and anger that may be generated by sudden, unexpected deviations from the agreed upon schedules. What if you aren’t on speaking terms with your former spouse? There are apps that can be used to share schedules, send photos, and setup a social network for family and friends. This also helps guarantee all changes are in writing so that no one can make excuses for not following through with their commitments. The holidays are meant to be fun. If you follow these key steps, take care of your own physical and mental health, and intentionally spend time with other friends and family, you should have no trouble giving thanks for your many blessings this holiday season.

After a divorce, parents may feel they and their child need a change of scenery. This is understandable; however, always make sure to inform the non-custodial parent if that change of scenery means taking a child across state lines. Temporary Vacations If this change is temporary, say to visit relatives or go on a vacation, non-custodial parents generally won’t mind, so long as it doesn’t interfere with any current custody orders or travel restrictions. Regardless, informing the non-custodial parent shows respect and allows you to obtain written consent should any future disputes arise. Permanent Moves Moving a child to a new state permanently is a different matter. Even if you have sole physical custody, there’s a possibility you could be charged with child kidnapping, especially if the non-custodial parent did not know about the move. In California, a parent must give the non-custodial parent 45 days’ notice prior to a move. Should the non-custodial parent dispute the move, both parents will make their case in front of a judge for the best interest of the child. Factors that may be considered include: The reason for the move; Distance from the non-custodial parent; and Impact on the well-being of the child. Visitation In the Wake of COVID-19 If moving a child out-of-state after a divorce wasn’t complicated enough, when it comes to visitation and custody arrangements, there’s still considerations we must adhere to when dealing with the ramifications of COVID-19. Luckily for most parents, courts are no longer using COVID 19 as an excuse to keep non-custodial parents from exercising their visitation rights. Unfortunately, that still may not stop some custodial parents from using the following excuses to attempt to deny a non-custodial parent visitation: One parent works in healthcare, are constantly exposed to large groups of people, or have tested positive for the virus; There are stay-at-home orders or regional lockdowns in place; One parent disagrees with current mandates, such as wearing masks, washing hands or social distancing. One parent seeks to move to, or currently lives in, a hot spot; The parents live too far away from one another; A child must travel on a plane, or there are travel bans or quarantines in place. It may seem respectful to listen to, and acknowledge, some of these concerns, however if visitation is being denied for any of the above reasons, it’s important to seek legal advice and/or seek a court intervention immediately. COVID-19 has made living hard on everyone, but no more so than on parents who want to share in their child’s lives. Just remember, whatever the situation or concerns may be, it is always best practice to talk to a lawyer about your specific case before making any travel arrangements or permanent moves.

Have you been thinking of changing your child’s school? With all schools closed for the time being due to the impact of COVID-19, and some states, including California, stating they may remain closed until the near year begins in September, now is a good time to begin the process of changing schools. This is especially true if you have joint legal custody of your child. Despite the reasons for changing your child’s school—which could be anything from moving to a new district, city or state, better quality education, better learning environments, or unresolved bullying—legal custody is required. In addition, the process for parents with joint legal custody isn’t as streamlined as it is for parents with full legal and physical custody. Having joint legal custody means both parents must agree to the change of schools. Joint physical custody may also become a factor, as the child could potentially be eligible to attend schools in different districts, and each parent may believe their district is better for the child’s well-being. Before beginning the process, check your custody agreement to fully understand what rights you have. If you share legal custody, you will first need to file a Request for Order with the court, which will include a statement of substantial and material change of circumstances that affect the child’s best interest. Once filed, the parents will be ordered to mediation to come to an agreement. In most cases, this is all that will be needed, as the parents work out their differences. However, if an agreement cannot be reached, the mediator will send a recommendation to the judge, who will then decide which school the child will attend. The courts will treat a change in a child’s school the same as it would any other custody request: whatever is in the best interest of the child. This includes taking into account how long the child has attended their current school; how well the child is doing in their studies; which parent has custody of the child the most; what days the parent has the child; which school has a better curriculum and learning environment; how long it will take to get to and from school; any special needs the child has; and extracurricular activities the child is involved in. The list could go on. If you have a valid reason for wanting to change your child’s school and need help resolving a joint custody arrangement, please call King Law Firm attorneys At Law Inc. We may help get the process started so that when schools finally open again, your child will have a fresh start at their new school.

Guardianship may seem easy to understand on the surface, but there is a lot more to it than you might realize. Firstly, guardianship is not the same as adoption. Where adoptions give the guardian permanent parental rights over a child, guardianship is temporary and does not normally remove all parental rights from biological parents. Secondly, guardianship is not limited to children. Before petitioning for guardianship, here is a quick overview of what you should know. The Guardian’s Role The responsibility of a guardian is to provide for the day-to-day needs of a child or an adult. In the case of a child, parents may still be financially responsible if they retain physical custody; otherwise, the guardian is responsible for all financial needs of the child. And, whether a child or adult, guardians must get permission from the court before spending any money or selling assets or property. Types of Guardianship Having Guardian over the Person is when someone is given legal authority to make decisions over a child or adult’s well-being. For a child, this includes personal, medical, educational and financial decisions; for an adult, this includes consent for medical and end-of-life care, financial management and honoring pre-determined wishes. Having Guardian over the Estate is when someone is granted responsibility to safeguard a child or adult’s financial assets. In the case of a child, this type of guardianship lasts until the child turns 18. And becoming a Guardian Ad Litem is when a judge appoints someone to protect a child’s best interest during custody hearings. Reasons for Guardianship Both parents of a child die; A child’s parents are going through a divorce; A child receives a large financial gift; A child lives with someone other than their parents on a long-term basis; A couple is looking to adopt; or An adult is found to be incapable of making their own decisions. The Guardianship Process To obtain guardianship over a child or an adult, one must first file a petition with a court in the county of which the child or adult has lived for at least six months. In the case of a child, a letter of consent must be included with the petition. This is followed by interviews with the petitioner, the child, the parents and any other interested party, as well as a home visitation and criminal background check. A judge will then review the petition and hear from any interested parties, after which the judge will either approve or deny the petition. Depending on the circumstances, this process could take several months. Termination of Guardianship Guardianship ends when: The agreed upon terms have been completed; The guardian chooses to resign; The ward passes away; or a judge determines guardianship is no longer needed or it no longer serves the best interest of the child or the adult. Whatever type of guardianship you’re seeking, it’s always best to contact a family law attorney to help navigate the potentially complicated and confusing process of becoming a guardian.

Recently, there’s been a rise in the number of young unmarried couples living together and older couples merely “shacking up” instead of getting married. What these couples may not understand is that simply being in a long-term, committed relationship does not give them the rights and benefits of a married couple. Misconception – California is a common law state Though there are several states that do recognize common law marriage (which states as long as you live together in a committed relationship for a set number of years, you will receive the same rights as a married couple), California is not one of them. Living together, or cohabitating, does not guarantee the same rights to property and inheritance. In the eyes of the law, these couples are nothing more than “legal strangers.” In other words, the rules governing community property and intestacy do not apply to unmarried couples. This can make some things easier, but others, such as the division or inheritance of real estate, can become quite sticky. Having a cohabitation agreement covering financial obligations during and after cohabitation, a will, and/or a living trust is a must to guarantee the correct distribution of property. Misconception – Custody and Paternity automatically belong to both biological parents Despite what you may believe, unwed fathers have very little, if any, rights when it comes to custody. Regardless of whether someone is the biological father or is in a long-term, committed relationship with the mother, the mother is automatically granted one hundred percent physical custody of a child born out of wedlock. In California, though, courts do take into consideration the health, safety and welfare of the child. If the father is the primary caregiver or has signed a Declaration of Paternity at the time of birth, he may have more rights when it comes to custody and visitation. Misconception – Cohabitants have rights in health care decisions Unlike married couples, cohabitants do not have any rights when it comes to making medical decisions on behalf of their partner. Spouses, adult children and biological parents are treated as top-priority decision-makers, regardless of how long someone has lived with their partner. Therefore, individuals must have a medical or healthcare directive in place. This includes a Health Care Declaration indicating how you are to be treated in emergency situations, as well as a Durable Power of Attorney for Healthcare designating who has the right to make medical decisions on the individual’s behalf. Misconception – Cohabitants can dictate funeral arrangements Although cohabitants may have told their partner what they want when they die, it doesn’t mean that person has the right to carry out those wishes. These decisions automatically go to the next of kin, and only a spouse, parent, child, grandparent, sibling or legally authorized representative may order a certified copy of the death certificate. Having a will or other notarized legal affidavit granting these rights to the cohabitant is the only way to keep family members from going against the deceased’s wishes.

With the holiday season fast approaching, let’s take a look at three holiday films that feature separated families and what we can learn when it comes to dating, building unique relationships, and creating new traditions with your kids. Dutch (1991) Introducing a new significant other to your child can be a tricky situation. In Dutch, Natalie (JoBeth Williams) sends her boyfriend (Ed O’Neill), to pick up her son (Ethan Embry) from boarding school for Thanksgiving. This probably wouldn’t be an issue if her son knew her boyfriend was even a part of Natalie’s life. This is not the way you want to handle such a sensitive situation. It takes time for a child to bond with someone new because they may believe you’re trying to replace their other parent. Allow your child to get comfortable with the idea and make sure the relationship is going to last before introducing them. It’s also a good idea to introduce them in a group setting, where they won’t feel pressured or uncomfortable. Bottom line, throwing someone new into your child’s life unexpectedly is a good way to get shot with a BB gun. The Santa Clause (1994) There are many reasons why a couple grows apart. Whatever that reason, it shouldn’t affect the relationship your ex and your child. No matter how much you may not like it, each parent will have different ideas about how to raise their child. This isn’t wrong, it’s just their unique way of bonding. In The Santa Clause, Scott Calvin (Tim Allen) becomes the new Santa after accidentally causing the old Santa to fall from his roof. This identity change scares his ex-wife (Wendy Crewson), leading her to strip Scott of his custody. However, just because you may feel aspects of the relationship are eccentric, it doesn’t mean the parent is negatively harming the child. Keep communication open and allow the relationship between your ex and your child to grow into what it’s meant to be. After all, forcing your child from a parent they love may just be what sends them running off to the North Pole. Four Christmases (2008) Figuring out custody during the holidays can be a difficult process, especially when each parent has traditions they want to preserve. The best thing to do is maintain a healthy relationship with your spouse so you can create a holiday schedule that works best for everyone. In Four Christmases, the dilemma becomes, do Brad and Kate (Vince Vaughn and Reese Witherspoon) go on a tropical vacation or visit all four of their separated parents over Christmas? No one wants their child to be miserable during the holidays, so do what you can to accommodate your wishes with that of the child. Whatever the compromise, be creative and always make sure you’re putting the child’s needs first. Otherwise, when the kids are all grown up, they may rather spend the holidays on a tropical island.

There are currently hundreds of thousands of children in the U.S. foster care system. To help shed light on foster care and adoption, director Sean Anders tapped into his own experiences to co-write and direct the new film, Instant Family. There’s a lot you can to take away from the film if you’re considering adopting a child from foster care because most of what happens is grounded in some amount of truth. However, there are still a few things you should know that were left on the cutting room floor for creative reasons. Parenting Classes In the film, before Pete (Mark Wahlberg) and Ellie (Rose Byrne) are even allowed to consider adopting, they must first go through a series of parenting classes. These classes, also known as “pre-service training”, are a requirement in order for prospective parents to learn how to deal with the effects of trauma, integrate children into their family, and form supportive relationships with other parents. What isn’t discussed is licensing. Anyone wishing to foster or adopt must be licensed, and it’s encouraged (or required) by most states that you get duel-licensed in order to foster a child prior to adopting them. The licensing process, which includes an interview, forms and several background checks, can be a bit tedious, which is probably why it was left out of the film. Foster Child Fairs After Pete and Ellie finish their classes, they attend a foster child fair, in which they’re able to meet several children and pick which ones of interest. This may seem to be fictionalized for expediency, but fairs like this do happen, and include games and events that pair adults with children to help them bond. What’s harder to pin down is a requirement to keep siblings together. If Pete and Ellie want to adopt a specific teen, they’re required to take her younger siblings as well. Though social services does recommend that siblings stay together for the health and stability of the children, it’s not clear whether a child can request this as part of their acceptance into a new home. Parent Support Groups Throughout the film, Pete and Ellie are seen in a support group that includes all of the different parents from their classes. Though parents are highly encouraged to attend support groups to discuss their fears and anxieties without judgement, the possibility that it will be with the same couples you were with in pre-service training is highly unlikely, due to scheduling conflicts or other personal matters. Biological Parent Reunification One element of the film that takes some liberties is in the children’s biological mother returning. Pete and Ellie are taken by surprise, but in real life, if there was even a possibility of reunification, this would have been disclosed to them early on, and may have even been part of the deal when taking them. To learn more about foster care and adoption in California, visit the National Foster Care and Adoption Directory Search.

We all love to believe that when we meet that perfect someone, we’ll walk with them into the sunset of life. The truth is, people and relationships often change, tearing down a marriage just as fast as building it up. Divorce is hard no matter the circumstances, but if kids are involved, couples must consider their feelings and sensibilities over their own, making sure they act in their child’s best interest during and after the divorce. To help initiate custody arrangements during a divorce, especially a contentious one, many states, including California, require couples who have custody or visitation orders that are being contested (and in which civil communication has broken down) to attend a child custody mediation prior to going to court. Though this may be a bit irritating for some, the process itself can be extremely beneficial in a variety of ways. Mediation allows parents to air their grievances and resolve their differences. Divorce can be a very personal matter, and when arguments aren’t controlled, things can spiral very quickly. Mediators are licensed professionals with specialized training in family matters, including, but not limited to, child development and conflict resolution. Mediators must also have at least two years of experience working in the mental health field. These qualifications allow the mediator to be impartial as they listen to the concerns of each parent, mitigate any conflict that may arise, and support each parent’s needs while helping the couple make compromises that they may not be able to make without the help of an outside observer. Mediation guarantees the child comes first. The mediator acts as surrogate for the child to make sure the arguments for custody and visitation remain focused on the health, safety and welfare needs of the child as opposed to that of the parents. Mediation is private. Airing one’s grievances and opinions in a private setting allows for a more relaxed environment and more civilized conversation. In some states and counties, everything that’s said within a mediation remains completely confidential, though in counties such as Riverside and San Diego, mediators are allowed to offer the judge a recommendation based on what’s said during mediation. In the case of a victim of abuse, mediation can be done separately so that the victim does not have to confront their abuser during these proceedings. Mediation sets the tone for the relationship after the divorce. Mediation helps a couple discuss their differences openly, calmly and without blame, which allows the parents to learn how to compromise and set a good, honest, healthy example for the child moving forward. Because child custody mediation does not typically allow anyone but the parents into the room, it’s always best to consult a lawyer prior to mediation to make sure you understand what will happen and be prepared with a custody plan and reasons for why you feel it’s in the best interest of the child.