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I have a question as to the definition of significant connection

to a state. Have...
I have a question as to the definition of significant connection to a state. Have two kids that are toddlers, moved from the Midwest to California with the entry date into California on April 1st. The kids are with me full time and have her text, emails, recordings and such acknowledging the move to California while she stayed back in Kansas. The situation with her teenagers is not good as one is always in trouble with the courts and the other cuts and drinks although the cutting hasn't happened in a while. Also mother works there but has issues with health and such. Her two teenagers are from previous marriage not mine. I have our two young ones enrolled in preschool, church, Disney memberships an I am self employed developing new business here. We rent here and myself and my two kids are listed on the lease as occupants. I have house back in Kansas for sale that I own but it is for sale with no intentions of ever returning. Also we were not married at all and no divorce thing with the kids as such. Do these things satisfy uccjea for significant connection. I do fly their mom out to see them at least once a month if I don't go back there with the kids to check on the house
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Answered in 9 minutes by:
9/30/2013
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Thank you for your question. Please permit me to assist you with your concerns.


Under the UCCEA, the "significant connection//substantial evidence" test has to show that the parent in question has a legitimate and strong connection to the state. That requires not just residency (which you do not yet possess since it requires at least 180 days to obtains), but residing at the location long enough that shows that the state is the primary locale for the children and the parent. The examples you have shown are very significant and substantial, but I do not see you being on the premises quite long enough yet for the state to feel that UCCJEA would be satisfied. I would suggest that you wait a bit more, at least until the end of the year if you can, but at the very least until the end of the month to gain more permanent rights to the state. Until then I would see the courts refusing to hear this case as you would not yet be considered a potential resident on the premises.

Hope that helps.

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Customer reply replied 4 years ago


hey wait....180 days if I entered California on april 1st today makes 183 days does it not? so wouldn't that mean I am in the clear at least for the 180 days?

Paul,

If you did enter the state April 1st, then you just obtained residency, that is correct but only if you obtained housing here, changed over your driver's license, or otherwise have shown this to be the place that is now your home state. Then your claim that this is a state that you are 'substantially' attached to does become far stronger and easier to prove. I am still concerned about timing, however--this is still a fairly short period of time especially since you keep traveling to the other state fairly regularly. In that sense you may want to wait longer since the current state may argue that each time you leave the state and go back to the state where you own property, you are regaining your 'residency' there especially if you never transferred over your residency formally over to California.

Hope that clarifies.

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Customer reply replied 4 years ago


yeah not doing anything right now but eventually I would like to at least have something that shows custody especially when they are flying with me just makes things much easier too....thanks

Paul,

You are most welcome, truly. Should you ever decide to push for rights in California, then put own deeper roots--get housing if you do not have any yet, change your driver's license, get local utility bills, and spend more time there. All that will go toward 'substantial' contact. It is not just how long you remain on premises, it is also what type of contact that would be.

Hope that helps.

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Customer reply replied 4 years ago


it does plus I am originally from California and never let my cal dl go still have it also have utility bill here from beginning of may, mail and such my cellular shows California address as the address and such too ....I moved into the townhome I am currently renting beginning of may but yes that helps was just curious in case she decided to do something there

Paul,

All those facts will help if it gets nasty. But then it would be wiser to file first should it get to that point.

Hope that helps and please be well!

Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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