By H. William Edgar | Edgar & Dow
Registering an out-of-state custody order can help you enforce it in California. The next question is whether California can change it. I look at the state that issued the order, who still lives there, and whether that state has given up jurisdiction. Family Code §§ 3422, 3423 and 3445 address those separate questions.
Under Family Code section 3445, registration brings an out-of-state custody determination into California’s enforcement process. Follow the FL-580 instructions, including the copies, certification, declaration, and notice required. Registration can support enforcement of existing terms. A parent seeking different terms needs a separate basis for modification jurisdiction.
Family Code section 3423 ordinarily requires a basis under section 3421(a)(1) or (2), plus a qualifying determination about the issuing state’s continuing jurisdiction or convenience, or a determination by either court that the child, parents, and persons acting as parents no longer reside in the issuing state. Review all residences and proceedings. A child’s California residence by itself may leave the issuing state’s authority intact.
Section 3444 permits limited temporary enforcement of visitation in specified situations. Section 3424 provides temporary emergency jurisdiction under specified circumstances when the child is present in California. Emergency authority has its own duration and communication rules where another state is involved. Bring the certified orders, registration papers, pending filings, and a residence timeline. Identify whether you seek enforcement of the schedule, emergency protection, or a lasting modification.
Family Code § 3405 generally treats a foreign country as a state for the UCCJEA’s jurisdiction rules. California generally recognizes and enforces a foreign custody determination made under facts substantially consistent with UCCJEA jurisdictional standards. The statute permits an exception when the foreign custody law violates fundamental principles of human rights. In re Marriage of Fernandez-Abin & Sanchez (2011) 191 Cal.App.4th 1015 applied the UCCJEA to competing California and Mexican proceedings. Recognition or registration leaves modification jurisdiction to be determined separately. Family Code § 3405.
Assume Nevada entered an order giving a parent summer visits and one parent still lives in Nevada. Registering the order in California may permit enforcement of the existing summer terms. A request for a different summer schedule requires review of which state retains authority. Give counsel the dates each parent and the child moved and the full orders from both states.
A parent registers an out-of-state order after moving to California and asks the California court to reduce the other parent’s summer time. The other parent still lives in the issuing state.
Separate the enforcement papers from the modification request. Give counsel the address timeline, any pending proceedings, and all orders entered by both courts. Determine whether the issuing court has made a relevant jurisdictional determination. California registration addresses the order’s enforceability and does not by itself supply modification authority.
If a safety issue arises, evaluate emergency jurisdiction separately, including what must happen if another court has already acted. A parent asking for short-term protection should identify where the child is now and the specific risk. Counsel can assess whether to request enforcement, communicate with the issuing court, or seek a new order there.
Gather certified orders, residence dates, pending filings, and information about where each parent or person acting as a parent still lives. Note when the original proceeding began. A timeline makes it easier to identify which state may make the next decision.
Read the notice and deadlines immediately. Review whether the determination was modified, vacated, or stayed and whether notice requirements were satisfied. Counsel can distinguish a permitted registration contest from a request to revisit the merits of the custody decision.
Explore the California Child Custody and Visitation Library for more guides on relocation and interstate custody.
How Do I Change a Child Custody or Visitation Order in California?
How Do I Get My First Child Custody and Visitation Order in California?
Can My Co-Parent Take Our Child Out of the Country Without My Consent?
When an approved out-of-state move can go forward
Contempt for custody or visitation violations
What Can I Do if My Co-Parent Does Not Return Our Child After Visitation?
Related reading. California Move-Away Custody Cases: Relocation, Burden of Proof, Burgess and LaMusga
If you need to enforce or change an order from another state, contact Edgar & Dow to schedule a consultation. Bring the current orders, the facts affecting your child, and the next deadline so we can assess what relief fits your case.
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