Jurisdictional Family Law Disputes

Jurisdiction refers to a court’s legal authority to hear and decide a case. In family law, jurisdiction is often more complex than in other legal areas because different issues–such as divorce, child custody, and support–have separate jurisdictional requirements. For example:

• Divorce jurisdiction (i.e., the authority to dissolve the marriage and return the spouses’ status to single) residency requirements
• Child custody jurisdiction follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and is generally determined by the child’s “home state”
• Child and spousal support jurisdiction is governed by the Uniform Interstate Family Support Act (UIFSA)

Because of these differences, the court handling a divorce case may not necessarily have jurisdiction over custody or support matters.

Family laws in California differ from those in other states and countries. As a result, the outcome of a family law case can be impacted–sometimes significantly–by the forum in which the case is heard. Therefore, where a party stands to gain a strategic advantage from having the case heard in one state or country vs. another, they may rush there to file the case first, or they may seek to have an existing case transferred there. This can result in a dispute over which court has jurisdiction, and even whether a court should decline to exercise its jurisdiction. The stakes of this dispute can be extremely high, because the substantive laws, the availability and cost of attorneys, and other factors can be significantly different in each of the competing locations. 

Contact Our Team to Speak to a Family Lawyer

Jurisdictional rules and procedures are highly complex and require a deep understanding of both interstate and international family law. If you are facing a jurisdictional family law dispute–or anticipate one–it is critical to seek legal representation from an attorney with experience in multi-jurisdictional cases.

At LLM Family Law, we are committed to:

• Protecting your rights and your child’s best interests
• Ensuring your case is handled in the appropriate jurisdiction
• Advocating for the most favorable legal outcome for your situation

Whether you need to file, contest, or defend against a jurisdictional challenge, our experienced legal team is here to help.

Contact us today to schedule a consultation and discuss your case.