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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118658
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My sons wife filed in California, they are not residents of

Customer Question

my sons wife filed for custody in California, they are not residents of California, she served a 45 day home arrest sentence to resolve some 8+ year old felonies (from California but have not resided here in 8-9 years). After serving the home arrest she returned to Texas where their son resided with my son and she had him served custody papers after picking up my grandson and removing him from school. She told their son his dad didn't let her take his toys simy because she couldn't get in the house.
So my question is how do we get this thrown out of California. Police & DA are telling him this is not a family matter that it is I fact criminal yet they don't seem to move forward to pick up my grandson. She is unfit and he needs help to at least get the custody case cancelled before it is considered settled.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

CA has no jurisdiction over the case if the children do not reside in the state and nobody else resides in the state. He needs to file a motion to dismiss in CA and present evidence that nobody lives in CA and as such the CA court has no jurisdiction in the matter. Then he also needs to file in Texas and get an order from the Texas court where they have jurisdiction and they can hold her in contempt and jail her over this violation of custody. I would suggest using an attorney in Texas and they can get an attorney in CA to file to dismiss the action in CA at the same time as they file in Texas to put an end to this situation.