California Court of Appeal

In this case involving a restraining order awarding custody of the Minor to Mother, the Father appeals the family court's acceptance of jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act. The appeal is dismissed, where, even if the Minor is absent, if a parent is present then Family Code section 3421(a)(1) provides as an alternative that California was the home state within six months of commencement of the proceeding, and this provision applies here, thus granting jurisdiction to modify the Texas custody order under section 3423.

Appellate Information

• Decided 09/05/2014
• Published 09/05/2014

Judges

• Simons

Court

• California Court of Appeal

Counsel