Enforcement of Your Out-of-State Custody Order
If you have moved to the state of California from another state, you may register your out-of-state custody order for purposes of enforcement. Once the order has been registered in your local court, if the other parent violates the custody order, you can pursue legal remedies to enforce the order. Without the order being properly registered, the California court cannot enforce it.
How to Register Your Out-of-State Custody Order
There are a few steps in the registration process.
First, you must complete the required court form titled, “Registration of Out-of-State Custody Order” (FL-580). You must attach two copies of your out-of-state order to the FL-580 form. One of the copies must be a certified copy. The other may be a photocopy. You will sign the form under penalty of perjury asserting that, to the best of your knowledge and belief, the order has not been modified.
Second, you must complete the required court form titled, “Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)” (FL-105). This court form references other related cases involving your children, if any, an address history for your children and other related information.
Last, you must complete any additional local forms required by your jurisdiction. For example, in Orange County the court requires a local form titled, “Family Law Notice Re Related Case” (L-1120) for all new matters.
Once you submit your custody order to the court for registration, the court clerk will send notice of your registration packet to the other parent. If the other parent wants to contest the validity of the out-of-state custody order, they must do so within 20 days of the date the notice was mailed to them. The request must be in writing and filed in the court case.
The Court Hearing Process if the Validity of the Custody Order is Contested
At the court hearing, in order to avoid the court confirming the out-of-state custody order, the other parent must prove at least one of the following three things:
1.The issuing court did not have jurisdiction.
2.The child custody order you requested registration of has been vacated, stayed or modified by a court having jurisdiction to do so.
3.The other parent was entitled to notice of the original order, but did not receive proper notice.
Modifying the Out-of-State Custody Order Once Properly Registered in CA
Once your out-of-state custody order is registered in California, you may request a modification of the order under certain circumstances. The circumstances in which you may request a modification involve a more complex analysis. Our experienced attorneys can explain the process to you in more detail.
Contact us today for a free confidential phone consultation so we can discuss your questions about the registration process to see if you qualify to request a registration in California and further, if you have sufficient basis to request a modification of the order once registered.