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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 458
Experience:  Attorney with 13 years experience.
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I'm involved in a visitation/custody battle with my x

Customer Question

I'm involved in a visitation/custody battle with my x wife over our son in Calfiornia. She and our son live in Oregon. She wants a change of venue. A change of venue would be desateriouse for me and my case. After reviewing the uniform child custody jurisdiction
enforcement act (UCCJEA) paying special attention to 3421 where it talks about their needing to be a significant conection to this state for me and my son. My question is: Given that my son has been living in Oregon for longer than six months and therefore
California is not his home state. How do I argue that my self and my child have a significant conection to this state other than mere physical presence? What constitutes a significant conection to this state? What things would the court consider a significant
conection? What arguments can be used to show a significant conection to this state for me and my Son?
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Afternoon,

I will try to best answer your question.

In addition to the UCCJEA I would also advise you to examine the order because if it is a California order there could be a provision that California retains jurisdiction arguably beyond the 6th month.

Court considers factors of significant contacts such as witnesses that would testify as to the best interest of the child such as other family members in the state, friends, teachers, doctors, neighbors, church, exra curciricular activities etc. You basically want to point out all the involvement, activities and connections of all kind the occurred with the child and anyone else in California. However, don't forget the argument of the retained jurisdiction is provided for under the order by CA court.

I hope that this information and advice is helpful and I wish you the best of luck with this argument.

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