I need advice on a tricky custody situation. Parents both in the military, married and divorced in Ohio, but neither actually lived there. The kid’s parenting plan was set in Ohio too, even though he’s only ever lived in California with his mom. Recently, the dad took him to Hawaii, extended the stay without the mom’s okay, and now filed for sole custody there. Can the mom request a hearing in California since that’s where the kid’s lived most of his life?
Yeah, I think she can try to get it moved to California. The courts usually want to hold cases where the kid actually lives, right?
Murphy said:
Yeah, I think she can try to get it moved to California. The courts usually want to hold cases where the kid actually lives, right?
That’s what I thought too. The kid’s barely spent any time in Hawaii, so it seems weird to have the case there.
Murphy said:
Yeah, I think she can try to get it moved to California. The courts usually want to hold cases where the kid actually lives, right?
Sounds like she might need a lawyer to argue that. Courts can be sticklers about jurisdiction stuff.
Wait, so the dad just kept the kid there for 6 months without telling the mom? That’s kinda messed up.
Marin said:
Wait, so the dad just kept the kid there for 6 months without telling the mom? That’s kinda messed up.
Exactly! He extended the stay, then just filed for custody after 6 months, like it was his plan all along.
Marin said:
Wait, so the dad just kept the kid there for 6 months without telling the mom? That’s kinda messed up.
Did she agree to the kid being in Hawaii that long? That could be something to bring up in court.
IDK, if he already filed in Hawaii, she may have to fight it there first. Courts don’t like to step on each other’s cases.
Firth said:
IDK, if he already filed in Hawaii, she may have to fight it there first. Courts don’t like to step on each other’s cases.
True, but the kid’s lived in California his whole life. Wouldn’t they want to consider that?
Firth said:
IDK, if he already filed in Hawaii, she may have to fight it there first. Courts don’t like to step on each other’s cases.
Maybe? But once a case is filed somewhere, other states usually won’t get involved until it’s sorted out.
The mom might be able to argue Hawaii doesn’t have jurisdiction since the custody order’s from Ohio and the kid’s home is CA.
Addison said:
The mom might be able to argue Hawaii doesn’t have jurisdiction since the custody order’s from Ohio and the kid’s home is CA.
That’s what I was wondering. Could be worth trying since she’s always been the primary caregiver in California.
Addison said:
The mom might be able to argue Hawaii doesn’t have jurisdiction since the custody order’s from Ohio and the kid’s home is CA.
Yeah, if the original custody plan was in Ohio, Hawaii might not have a strong claim. She could bring that up.
She’ll probably need a lawyer familiar with multi-state custody cases. Military families run into this a lot, from what I hear.
Tamsin said:
She’ll probably need a lawyer familiar with multi-state custody cases. Military families run into this a lot, from what I hear.
Good point. It does seem like a complex situation, especially with the whole military background and moving around.
Tamsin said:
She’ll probably need a lawyer familiar with multi-state custody cases. Military families run into this a lot, from what I hear.
Totally. Some states are better about working with each other on this, but it’s always easier with a lawyer.