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My husband and I divorced in State X, and my husband moved to California. Can California modify our custody agreement?
A California court may not modify another state's custody/visitation order unless:
California has jurisdiction to make an initial custody determination under California Family Code § 3421(a)(1) or (2) "home state" or "significant connection" jurisdiction, AND EITHER
• The other state court determines (i) it no longer has exclusive, continuing jurisdiction because neither the child, nor the child and a parent, nor the child and a "person acting as a parent" , have a "significant connection" with that state and "substantial evidence" is no longer available in that state concerning the child's care, protection, training and personal relationships, or (ii) a California court would be a "more convenient forum" to entertain the proceeding; OR
• A California court or the other state court determines that the child, child's parents and any "person acting as a parent" do not presently reside in the other state. California Family Code § 3423
If the California court is on notice that custody litigation has been commenced in another state having jurisdiction "substantially in accordance with" the UCCJEA, the California court must stay its proceeding and communicate with the other state court to resolve the jurisdictional conflict. California Family Code § 3426(b).
Note that the answer will undergo a different evaluation if the question pertained to support rather than custody.
Located in the Department of Health and Human Services' Office of Child Support Enforcement, the United States Central Authority for International Child Support is responsible for facilitating support enforcement in cases involving U.S. residents and residents of foreign reciprocating countries pursuant to 42 USC 659A . However, the preparation of petitions, requests for hearings, and other case management activities are the responsibility of the state child support agency in the state of the U.S. resident involved in the child support case.
The U.S. Central Authority at HHS works with the Department of State, the individual states, international organizations, and foreign governments to improve international child support procedures and cooperation. Bilingual forms are being developed by the U.S. Central Authority in a number of languages in cooperation with the U.S. Department of State, states, the International Relations Committee of the National Child Support Enforcement Association , and with interested foreign countries. The U.S. Central Authority provides general oversight, assistance, and coordination activities regarding international child support. You can contact the U.S. Central Authority by writing to Stephen Grant, Director, U.S. Central Authority for International Child Support, Office of Child Support Enforcement, U.S. Department of Health and Human Services, 4 West Aerospace Building, 370 L'Enfant Promenade SW, Washington, DC 20447 or by phone: 202-260-5943, fax: 202-402-5529, or email to ocseinternational@acf.dhhs.gov.
How can a parent seeking Child support enforcement from a foreign reciprocating country go about applying for enforcement?
In the United States, individual state child support offices are responsible for providing the child support services within the state and for cooperating with other states and foreign reciprocating countries. The state child support office or "IV-D agency" will manage the establishment and enforcement of child support obligations in accordance with Federal, state, and local laws. Any parent who needs help in establishing or enforcing a child support obligation, regardless of where the person who is obliged to pay child support resides, should apply for services at the state child support agency in the individual states . Contacts for the state Central Registry can be found in the address function of OCSE’s Online Interstate Resource Guide . If you do not have ready access to the Internet, contact your local public library for assistance in obtaining information from the U.S. HHS Office for Child Support Enforcement's web site.
How can a foreign child support order be enforced in the united states?
If there is an existing federal bilateral child support arrangement between the United States and the foreign country, or a U.S. state-level arrangement with the foreign country, the foreign country should contact the local child support enforcement agency in the state where the person owing child support resides. If the parent ’s whereabouts are unknown, the foreign central authority can contact the U.S. Central Authority, Director, U.S. Central Authority for International Child Support, Office of Child Support Enforcement, Department of Health and Human Services, Phone: 202-260-5943; Fax: 202-401-5539. If there is no state-level or federal arrangement with the foreign country, it may be necessary for the individual seeking enforcement or the foreign authorities working on behalf of that individual to retain the services of a private attorney in the United States to attempt to enforce the foreign judgment in accordance with U.S. law. There is no treaty in force between the United States and any foreign country on the subject of enforcement of judgments.
How can i go about locating a person obliged to pay child support who is serving with the U.S. military?
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