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What is Supervised Visitation in California?

What is Supervised Visitation in California?When it comes to custody and visitation matters, the state of California always seeks to act in the best interests of the children, especially when it comes to protecting their safety. If there are concerns about a child’s safety, a judge may rule that a child only has contact with a parent when a neutral third person is present during the visitation. These court-ordered third-person visitation arrangements are commonly referred to as “supervised visitations.”

The supervised visitation order issued by the court specifies the time and duration of the visits. In some instances, this order will also specify who will provide the supervised visitation services and where the visits will take place.

Reasons A Judge May Order Supervised Visitation

There are many reasons why a judge may order supervised visitation, such as:

  • A history or allegations of domestic violence, child abuse, neglect, or substance abuse;
  • The visiting parent needs a chance to address specific issues;
  • To reintroduce a parent and child after a long absence;
  • To help bring a parent and child together when there has been no existing relationship between them;
  • Parenting concerns or mental illness; or
  • There is a parental threat of abduction.

What is a Supervised Visitation Provider?

The person supervising the visits is called the supervised visitation provider. Supervised visitation providers must meet minimum qualifications before providing services. All supervised visitation providers are required to follow the uniform standards of practice for providers of supervised visitation as outlined in standard 5.20 of the California Standards of Judicial Administration and Family Code section 3200.

There are two types of providers: nonprofessional providers, and professional providers. A nonprofessional provider may be a friend, family member, or someone who is not paid for supervising a visit. A professional provider is someone who charges a fee for supervising a visit.

Supervised Visitation Tips for the Visiting Parent

As the visiting parent, it may take time to get used to supervised visits. However, it is important to focus on your relationship with your children; patience and commitment are needed during this time. Here are some tips that might be helpful in your situation:

  • Read the court order.
  • Avoid discussing your court case with your children.
  • Don’t ask your children about the other parent’s activities.
  • Don’t use your children to deliver messages to the other parent.
  • Arrive and depart on time.
  • Share brief but positive good-byes with your children when the visit is over.

Supervised Visitation Tips for the Custodial Parent

Supervised visitation can also be a challenge for the custodial parent as well. It’s understandable that you have concerns and questions about the visits and how they will affect your children. Here are some ways you can make the process run smoother:

  • Read the court order.
  • Make sure your children know when and where the visit will take place.
  • Make sure your children have everything they will need during the visit.
  • Reassure your children that you’re okay with the visit, and urge them to have a pleasant visit.
  • Arrive on time to drop off and pick up your children.
  • Don’t ask your children about the other parent’s activities.
  • Don’t use your children to deliver messages to the other parent.

Call Now for a Free Consultation With an Upland CA Family Law Lawyer

If you reside in the Upland, CA area and feel that a court’s supervised visitation order is unfair, it may be possible to have the visitation order modified. Torrence L. Howell is an Upland, CA family law lawyer who has been representing clients in custody and visitation disputes for more than 20 years. He has helped many concerned and caring parents who have issues with court-ordered custody and visitation orders.

You have rights during the divorce process. Torrence L. Howell is here to protect those rights. Contact the law offices of Upland, CA family lawyer Torrence L. Howell through our website, or call us at (909) 920-0908 to schedule a free initial consultation to discuss your case.

How Does the Date of Separation Impact a Divorce Case in California?

How Does the Date of Separation Impact a Divorce Case in California?Under California divorce laws, the date of separation is the date the court recognizes as the final day of a marriage. In many circumstances, the date of separation can have a big impact on a divorce case, including property division and spousal support.

Date of Separation and Property Division

The date of separation is very important when it comes to the division of property after a divorce. The separation date will be used to determine whether a property is community (it belongs to you both) or separate (it belongs to just one of you). Any property or debts acquired after your marriage, but before the date of separation is usually considered to be community property. Any money earned or debt acquired after the date of separation is typically considered to be a spouse’s separate property.

Date of Separation and Spousal Support

Length of marriage is one of the factors a judge considers when determining spousal support. Generally, the longer a marriage lasted, the longer spousal support will last. This makes the date of separation important in deciding how long a marriage lasted and how long a spouse may be entitled to spousal support payments.

Determining Your Date of Separation

How do you determine your date of separation? This can sometimes be difficult, especially if your spouse or domestic partner’s opinion on the date of separation differs from yours.

The state of California defines the date of separation as the date:

  • One spouse expressed to the other spouse their intent to end the marriage, or.
  • The conduct of the spouse(s) is consistent with the intent to end the marriage.

Examples can include the day:

  • You told your spouse you wanted a divorce or legal separation
  • You moved into a separate residence
  • You and your spouse began sleeping separately
  • You and your spouse separated your money and finances
  • You and your spouse started doing things apart, such as going on separate vacations

Emails, text messages, or letters where you and your partner discuss separation or an income tax return that lists your marital status as “single” can be used to establish a date of separation.

Need Help Establishing a Date of Separation? Speak to an Experienced Family Law Attorney in Ontario CA

As you can see, the established date of separation can have a big impact on a divorce case. If you’re not sure about your date of separation and how it might impact your financial situation, the California State Court recommends you speak with a family law attorney.

Ontario, CA family law attorney Torrence L. Howell has been guiding clients through the state’s often complex divorce process for more than 20 years. As a leading family law attorney in Ontario, CA, he understands the importance of a separation date and how it affects your case. If there are disagreements as to the exact date of separation, Torrence can help you collect the evidence you’ll need to establish an accurate date of separation.

Contact the law offices of Torrence L. Howell through our website or call us at (909) 920-0908 to schedule a free initial consultation with an Ontario, CA family law attorney to discuss your divorce case.

Failing to Pay Child Support in California Can Have Serious Consequences

Failing to Pay Child Support in California Can Have Serious ConsequencesUnder federal and state law, both parents have a legal duty to provide financial support for their children. This doesn’t change when the parents separate or get divorced. In California, one or both parents may be ordered to pay child support.

Child support is ongoing payments to help pay for a child’s living and medical expenses until they are adults. The amount of child support paid is determined by the Child Support Commissioner or Family Law Judge. It is based on a review of both parents’ monthly income and the amount of time the child spends with each parent.

All income is considered, including:

  • Job wages
  • Tips
  • Commissions
  • Bonuses
  • Social Security or pensions
  • Lottery winnings
  • Royalties
  • Independent contractor income
  • Unemployment benefits
  • Income from rental properties and other commercial properties
  • Disability and worker’s compensation payments
  • Department of Veteran Affairs disability payments
  • Interest
  • Dividends

Income can include money, property, and services.

Once the court issues a child support order, the parent named in the order must begin making payments to the other parent. The order also states the date child support payments start.

Penalties for Failing to Make Child Support Payments

Failing to make court-ordered child support payments, or falling behind in payments can have serious consequences. The courts can:

  • Put a lien on all real property and bank accounts that person owns in California;
  • Intercept any tax refunds, unemployment, disability, or worker’s compensation benefits;
  • Suspend any licenses, including driver’s, business, commercial, and other professional licenses; and
  • Enforce the support through other legal means available to the local child support agency.

If the court finds that a parent has the ability to pay child support but chooses not to, that parent can be held in contempt of court. Being found in contempt of court often comes with jail time and fines.

Have You Fallen Behind in Your Child Support Payments?

There are many reasons why a parent may be unable to make their child support payments, such as the loss of a job or a medical emergency. If you have found yourself falling behind in child support payments due to circumstances beyond your control, it’s important to speak to a family law lawyer. Don’t ignore the problem, or try to work out an arrangement with your ex-spouse. They may be sympathetic to your financial difficulties, but child support is ordered by the court and only they can approve modifications in the amount of child support paid.

Torrence L Howell is a family law lawyer in Ontario, CA who has represented many clients who have found themselves facing legal troubles for failing to make child support payments. In many instances, it is possible to convince a judge to modify a child support order. Torrence can help you gather the evidence you’ll need to support your claim and represent you in court. Don’t delay seeking legal assistance – you could be facing jail time, hefty fines, and other penalties for failing to pay child support.

Speak to a Leading Family Law Lawyer in Ontario, CA

If you need to modify the amount of child or spousal support you’ve been ordered to pay, contact the law offices of Torrence L. Howell through our website, or call us at (909) 920-0908 to schedule a free, initial consultation with a leading Ontario, CA family law lawyer.

What are Irreconcilable Differences in California?

What are Irreconcilable Differences in California?In California, a marriage can only be dissolved for two reasons: Irreconcilable differences which have caused the irremediable breakdown of the marriage or permanent legal incapacity to make decisions.

When couples decide to end a marriage or domestic relationship in California, they often cite “irreconcilable differences” as the reason. But what does this phrase mean exactly? And why are irreconcilable differences grounds for divorce in California?What are Irreconcilable Differences?

California is considered to be a “no-fault” insurance state. One party can seek a divorce, even if the other does not. There is no need to prove that the other spouse or partner did something wrong (such as commit adultery) in order to end a marriage. It is simply enough for one party to claim irreconcilable differences as the reason for the divorce.

Irreconcilable differences are differences or disagreements which have caused the irremediable breakdown of a marriage. California state law defines irreconcilable differences as “those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.”

Examples of Irreconcilable Differences

Over time, it’s not unusual for one spouse or partner to change their feeling toward the other. These differences can grow to the point where one spouse no longer wishes to be in the relationship. In many instances, these differences cannot be reconciled, hence the term “irreconcilable differences.”

Irreconcilable differences can include:

  • Financial responsibilities
  • Lack of intimacy
  • Lack of communication
  • Family involvement in the marriage
  • Emotional abuse
  • Loss of trust
  • Differences in life goals and interests

As stated above, you do not have to provide proof to support your claim of your irreconcilable differences. All the court must determine that the martial differences are so substantial that there is no reasonable possibility of reconciliation. The fact that one spouse says that irreconcilable differences exist is usually enough for the Court to end a marriage.

No-fault divorce makes the entire divorce process run much smoother. It is useful in situations where one spouse or partner wishes to end a marriage and the other does not. And without the need to show that your spouse or partner is guilty of lying, financial incompetence, infidelity, etc., there’s not as much drama, either.

Upland, CA Family Law Attorney Torrence L. Howell is Here to Guide You Through Every Phase of the Divorce Process

It’s unfortunate, but irreconcilable differences can make it impossible to continue in a marriage or domestic partnership. If you’ve reached that stage in your relationship you may be wondering what step to take next.

That first step would be to contact the law offices of Upland, CA family law attorney Torrence L. Howell. A divorce can be stressful; you need someone on your side to protect your rights and interests and explain your options during the divorce process. That lawyer is Torrence L. Howell. Torrence has been providing outstanding legal support to clients in Upland, CA, and surrounding communities for over 20 years.

You can reach out to the law offices of Torrence L. Howell through our website or call us at (909) 920-0908 to schedule a free initial consultation with a leading Upland, CA family law attorney.

Do You Qualify for a Summary Dissolution Divorce?

Do You Qualify for a Summary Dissolution Divorce?

While divorce is often a complicated, drawn-out legal process, it doesn’t have to be. Depending on the circumstances, you may qualify for a summary dissolution, a faster and simpler way to get a divorce in California.

A summary dissolution provides an easier way to end a marriage or domestic partnership than the standard divorce process. It doesn’t cost as much, there’s not as much paperwork involved, and the process doesn’t take as long.

The Requirements for Getting a Summary Dissolution Divorce in California

Not every couple is eligible for a summary dissolution. In order to qualify for a summary dissolution divorce in California, you and your spouse/partner have to meet all the following requirements:

  • If you were married or entered into a legal domestic relationship outside of California, you must have lived in the state for the past 6 months and in the county where you file for summary dissolution for the past 3 months.
  • Less than 5 years have passed between the time you were married or registered your relationship to the date of separation (the day your relationship ended).
  • You have no minor children together, either by birth or adoption, and neither one of you is pregnant
  • You don’t own or lease real estate, such as a house, land, or any other building. (There’s an exception if either of you rent a home or apartment and your lease will end within a year of your filing for the summary dissolution.)
  • Your community debt is less than $6,000 (excluding car loans).
  • Your community and separate property are each worth less than $47,000.

In addition, both parties must have an agreement:

  • That you both want to end the marriage or domestic relationship
  • That neither party is seeking spousal support
  • To split any community property

What If You Change Your Mind?

If either spouse has a change of mind, they can halt the summary dissolution at any time during the 6 month period while waiting for the divorce to become final. To do so, they must file a Notice of Revocation of Petition for Summary Dissolution (form FL-830) with the court. This notice invalidates the summary dissolution case, canceling the judgment. If you or your spouse still want to get divorced, you can file for a standard divorce.

Speak to an Upland CA Family Law Lawyer Find Out if You Qualify for a Summary Dissolution

If you qualify for a summary dissolution, it’s important to seek experienced legal counsel. While quicker and easier than a standard divorce, you still need to ensure that all the rules are followed to get the Court’s okay. A family law lawyer can help you assemble the evidence you need to show the Court that you and your spouse/partner meet the qualifications for getting a summary dissolution, including drafting a post-nuptial agreement on how to split any community property.

Contact the law offices of Torrence L. Howell through our website or call us at (909) 920-0908 to schedule a free, initial consultation with a leading Upland, CA family law lawyer. Torrence has been guiding clients through the California divorce process for over 20 years. He can tell you if you qualify for a summary dissolution; if you don’t, he can suggest alternatives. Whatever path you choose, Upland, CA family law lawyer Torrence L. Howell is here to provide the experienced legal support you need.

Can Grandparents Ask the Court for Grandchild Visitation in California?

Can Grandparents Ask the Court for Grandchild Visitation in California?Are you worried about losing contact with a grandchild because of a divorce or legal separation? Contact Ontario, CA family law attorney Torrence L. Howell. Under California law, a grandparent can ask the court for visitation rights with a grandchild. Torrence L. Howell is here to provide you with the legal guidance you need to show the court that visitation is in the best interests of your grandchild.

California law gives the courts the discretion to grant reasonable visitation rights to any person having an interest in the welfare of the child. This includes grandparents. In making their decision to grant reasonable custody to a grandparent, the court must first establish that the relationship between grandparent and grandchild is such that granting visitation is in the best interests of the child. They must also balance the best interests of the child, in relation to visiting their grandparents, that respect the rights of parents to make decisions for their children.

Can Grandparents Ask For Visitation While the Parents are Still Married?

Can you ask for visitation rights while both the grandchild’s parents are still married? Generally not. However, there are exceptions, such as when:

  • Both parents are permanently separated and living separately;
  • The whereabouts of the parents are unknown (and have been for at least a month);
  • The child does not live with either of their parents;
  • One or both parents are incarcerated or involuntarily institutionalized;
  • The grandchild has been adopted by a stepparent; or
  • One of the parents joins the grandparent’s petition for visitation.

The Process for Requesting Grandparent Visitation Rights

In order for a grandparent to ask for visitation, they must first file a petition with the court. A grandparent can ask for visitation under an existing case or start a new case. They must complete and submit the necessary forms and paperwork. (It would be a good idea to have your lawyer review the paperwork to make sure it’s been filled out correctly and completely.)

Once you’ve submitted your forms and paid the filing fee, you’ll be assigned a court date. You must serve papers to both parents at least 16 court days before your court date. If possible, try to reach an agreement with the child’s parents about a visitation plan. If you are unable to come to an agreement, the judge will make a decision.

Get Help From an Ontario, CA Family Law Attorney

The rules and statutes pertaining to child custody and visitation in California are complex and can be difficult to understand if you aren’t familiar with the law. Ontario, CA family law attorney Torrence L. Howell has been protecting the rights and interests of his clients involved in visitation and other legal issues for over 20 years. He can guide you through even the most complicated of divorce or family law cases.

If you are a grandparent seeking visitation rights with a grandchild, contact the law office of Torrence L. Howell through our website, or call us at (909) 920-0908 to schedule a free initial consultation to discuss your case and legal options with a leading Ontario, CA family law attorney.

Changing a Child’s Name in California

Changing a Child’s Name in CaliforniaThere can be many situations in which a parent may wish to change the name of their child. A child from another marriage may want to share the same surname as their mother and step-relatives. The child may no longer have a relationship with one of their parents. It may even be that the child’s name may be the source of embarrassment or harassment.

Whatever the reason, California state law allows a parent or guardian to change the name of a child or ward.

If Both Parents Want to Change the Name of the Child

If both parents agree to change the name of their child, they can file their request – called a Petition for Change of Name – with the court together. However, before the court can grant your petition, you’ll have to publish an Order to Show Cause for Change of Name in a local newspaper of general circulation once a week for 4 weeks in a row. You’ll be assigned a court date. If the court approves your request, the judge will sign the Decree Changing Name legally changing your child’s name. You’ll receive a certified copy of the signed decree which can be used to change the child’s birth certificate, passport, social security card, etc.

If Only One Parent Wants to Change the Name of the Child

If you are the only parent filing a Petition for Change of Name, you’ll have to let the other parent know about your petition as well as the court date for the petition. You’re required to serve your child’s other parent with a copy of the paperwork at least 30 days before the court date. If the other parent lives in California, you must have someone serve them in person. If they live outside the state, you can only serve them by certified mail, return receipt requested.

If your child’s other parent does not agree to change the child’s name, they have the right to oppose your request.

If You are a Guardian Who Wants to Change the Name of Your Ward

If you are a child’s legal guardian and want to change their name, you’ll start by filing a Petition for Change of Name. In this situation, you’ll have to serve the child’s parents with a copy of the paperwork at least 30 days before the court date. If the child’s parents are deceased or cannot be located, you’ll have to serve notice to the child’s grandparents. Both the parents and grandparents have a right to oppose your request.

Changing a Child’s Name to Conform to Gender Identity

In California, an adult – the parents, a guardian, or in situations where there are no parents or guardians, by a near friend or relative – can petition the court to change a child’s legal name to conform to the child’s gender identity. Note: This is not the same as recognition of gender change.

Avoid Unnecessary Court Delays With Help From Ontario CA Family Law Lawyer Torrence L. Howell

Ontario, CA family law lawyer Torrence L. Howell can be of great assistance if you wish to change the name of a child. There are a lot of forms and procedures that must be followed when you wish to change the name of your child. The entire process can take three months or longer, depending on the court’s caseload. Torrence’s guidance will enable you to avoid any unnecessary mistakes that can cause more delays. He is also here to provide sound legal advice and representation in situations where the other parent does not consent to the name change.

Torrence L. Howell has been helping families in the Ontario, California area with legal issues relating to child custody, child support, visitation, and legally changing a child’s name for over twenty years. If you wish to change the name of a child or ward, contact the law office of Ontario, CA family law lawyer Torrence L. Howell through our website or call us at (909) 920-0908 to schedule a free, initial consultation.

Premarital Agreements in California

Premarital Agreements in CaliforniaIn California, a premarital agreement, also known as a prenuptial agreement, is an agreement made between prospective spouses who are contemplating marriage. In order to be valid, the agreement must be in writing and signed by both parties. The agreement must also comply with California law. That’s why it’s so important for both parties to speak with an attorney before entering into a premarital agreement.

A premarital agreement becomes effective upon marriage. It’s enforceable without consideration. Once in effect, a premarital agreement can only be amended or revoked by a written agreement signed by the parties.

A Premarital Agreement Can Cover Many Areas

There are many factors to consider when entering into a premarital agreement. A premarital agreement can cover many areas. It can establish:

  • The real and personal property rights and obligations of each of the parties
  • The right to sell, buy and control the property.
  • The disposition of property upon separation, marital dissolution, or death.
  • The making of a will, trust, or other arrangements to carry out the provisions of the agreement.
  • The ownership of death benefits from a life insurance policy.
  • The choice of law governing the construction of the agreement.
  • Matters involving personal rights and obligations.

Situations Where a Premarital Agreement May Not Apply

Premarital agreements only apply to real and personal property. Child custody, child support, and visitation rights are decided by the Court according to what is in the best interest of the child.

In addition, some provisions of a premarital agreement regarding spousal support may not be enforceable. These can include situations where the party against whom enforcement of the spousal support provision is sought was not represented by independent counsel at the time the agreement containing the provision was signed, or if the provision regarding spousal support is unconscionable at the time of enforcement.

If You Need Help With a Premarital Agreement Contact Upland CA Family Law Lawyer Torrence L. Howell

A premarital agreement in California can have a big impact on your life. It could prove to be one of the smartest moves you ever made. Make sure your rights and interests are protected in a premarital agreement – contact the law offices of Upland CA Family Law Lawyer Torrence L. Howell.

Torrence L. Howell has represented clients in a wide range of family law matters, including alimony, divorce, child custody, child support, and more for over 20 years. He can help you draft a premarital agreement that addresses all your concerns.

You can reach us through our website or call the law office of Upland CA Family Law Lawyer Torrence L. Howell at (909) 920-0908 to schedule a free consultation to discuss your premarital agreement.

Guardianships in California

Guardianships in CaliforniaCalifornia state courts always act in the best interests of a child. When a child’s parents are unable or unwilling to care for their children, the court may award legal custody of the children to an adult who is not their parent. A guardianship is a court order that gives a person who is not the parent the authority to care for a child, a child’s property (estate), or both. That person becomes the child’s legal guardian; the child is referred to as the “ward” of the guardian.

If you’re in a situation where you need to petition the court to order a guardianship be established, naming you as the legal guardian of the child, the law offices of Upland, CA family law attorney Torrence L. Howell are here to help. We can guide you through every step of the guardianship process, from petitioning the court to arguing your case in front of a family law judge.

Types of Guardianships

There are two types of guardianship in California: guardianship of a child, or guardianship of a child’s property (estate). In many situations, the same person serves as guardian to both.

Responsibilities of a Guardian of a Child in California

In California, anyone with an interest in a child’s welfare can petition the state for guardianship. This can include grandparents, siblings, aunts and uncles, foster parents, or family friends.

Guardians of a child have a responsibility to provide care and support to their wards, the same as any parent. This includes food, shelter, education, healthcare, clothing, and other needs. They are responsible for the behavior of their wards and can be held liable for any damages their ward may cause.

Responsibilities of a Guardian of a Child’s Property (Estate) in California

The guardian of a child’s property is given responsibility by the court to wisely manage a child’s income, money, property, and other assets until they become an adult. Property guardianships are only established in situations where a child legally owns or receives valuable property, such as a house, inheritance, or a large amount of money. The guardian owes their ward the highest level of fiduciary duty to protect their assets.

The Guardianship Process in California

In California, the guardianship process begins with the filing of your petition and other required documents with the clerk of the court and paying the required court fees. Specific persons must be given notice of the petition before the court can hear the case unless the court orders otherwise. In some cases, the court may order an investigation to be conducted before a decision is made.

After the investigation, the case may go to trial. The court may decide to grant your petition or find there may not be sufficient cause to establish a guardianship. The California state courts recommend that you hire a guardianship lawyer to represent your interests.

The Differences Between Guardianship and Adoption

Being appointed the guardian of a minor is not the same as adoption. The guardian only has temporary custody of a child; in an adoption, the adopting parents are given permanent custody of the child. Adoptions are not monitored by the court like guardianships are. The court cannot order an end to an adoption like they can with a guardianship. An adopted child has the same rights as a birth child (including inheritance rights), a ward does not.

Speak to an Upland CA Family Law Attorney About Becoming a Guardian

It’s important to demonstrate to the court that guardianship is in the best interests of a child. With 20 years of experience and proven results, Upland, CA family law attorney Terrence L. Howell can deliver the legal representation and support you need to successfully petition the court to appoint you the guardian of a deserving child.

Contact us through our website or call us at (909) 920-0908 to schedule a free initial consultation to speak with leading Upland CA family law lawyer Terrence L. Howell about your qualifications for becoming a guardian.

Which State Has Authority in Multi-State Child Custody Cases?

Which State Has Authority in Multi-State Child Custody Cases?

Legal issues surrounding child custody rights for separated and divorced parents in California can often be quite complex. But what about situations in which each parent lives in a different state? What are the rights of a parent living in California who shares custody of a child with a parent who lives in another state?

In these circumstances, the California courts recommend you seek the assistance of a lawyer who has experience with these types of family law cases. Torrence L. Howell is an Ontario, CA family law attorney who has helped many clients resolve the most challenging and difficult of child custody issues, including those that stretch across state and national lines. If your ex-spouse or partner lives in another state and you are experiencing child custody or visitation problems, contact the law office of Torrence L Howell to learn more about your parental rights in these situations and how to protect them.

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a law that creates national standards pertaining to when a state court can make a custody decision and when a court must accept a decision from another state. It establishes the criteria that decide which state can make a decision in a multi-state custody case. All 50 states and the District of Columbia have adopted the UCCJEA.

Under the rules of the UCCJEA, a custody decision can only be made in one state. Once that state makes a custody decision, the other state can’t make another decision or modify its existing order.

The circumstances that determine which state court has authority under the UCCJEA include:

  • The state is the child’s “home” state. The state is the child’s home state if they’ve lived there for six months or more, or were living in the state but no longer do because a parent took the child and kept them out of state.
  • The child has personal relationships and significant connections with teachers, doctors, grandparents, and other people in the state.
  • The child is in the state because they were abandoned there.
  • The child is in serious danger of abuse or neglect if returned to the other state.
  • No other state meets the criteria listed above, or they meet the criteria but have declined to make a custody decision.

Speak to An Ontario CA Family Law Attorney About Your Child Custody Concerns

If you are experiencing child custody or spousal support issues with an ex-spouse or partner who’s living out of state or out of the country you need experienced legal help. Ontario, CA family law attorney Torrence L. Howell has been representing clients in Ontario CA, and surrounding communities for more than 20 years. He possesses the legal knowledge and skills to handle a wide range of family law matters, including cases that involve courts in different states or countries.

Contact the law office of Ontario, CA family law attorney Terrence L. Howell through our website or call us at (909) 920-0908 to schedule a free initial consultation to discuss your case.

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