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Where should my son file for divorce and custody in California?

Where should my son file for divorce and custody in California?

Q: Is guardianship state or federal?

Guardianship is primarily governed by state law, not federal law. Each state has its own statutes and procedures for establishing guardianship, which can vary significantly. Therefore, it's essential to consult the laws specific to the state where the guardianship is being sought.

Q: Does guardianship cross state lines?

Guardianship can cross state lines, but it typically requires legal procedures to be followed. If a child under guardianship moves to a different state, the guardian may need to seek court approval in that state to ensure the guardianship remains valid. This process can vary by state, so it's crucial to consult local laws.

Full question:

My son lives in Louisiana and his estranged wife lives in California. They got married in Nevada. They also have a son that lives in California, but right now his other grandmother has temporary guardianship in a different county from that in which his mother lives. My question is: If my son wants to file for divorce and custody of his son, where should he file? And if in California, which county? The one that his son is residing in now or where his mother lives?

Category: Divorce
Date: 04/07/2025
State: California

Answer:

In California, at least one spouse must have lived in the state for at least six months before filing for divorce. Additionally, they must have resided in the county where they file for at least three months prior to the filing. Therefore, if your son wants to file for divorce and custody, he should file in California if he meets these residency requirements.

Regarding the county, he should file in the county where his son currently resides, as this is typically where custody matters are addressed. This is important because the court will consider the child's current living situation and the best interests of the child when making custody decisions.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are the disadvantages of being a legal guardian?

Being a legal guardian can come with several disadvantages. Guardians may have limited authority over certain decisions, depending on the terms set by the court. They may also face financial responsibilities, including costs for the child's care and education. Additionally, guardianship can be emotionally taxing, as guardians must manage the child's needs while maintaining relationships with the child's biological parents. Lastly, guardianship can be time-consuming, requiring significant commitment and involvement in the child's life.

Is guardianship state or federal?

How much power does a guardian have?

The power of a guardian can vary based on the court's order. Generally, a guardian has the authority to make decisions regarding the child's education, healthcare, and welfare. However, they may need to consult with the child's biological parents for certain decisions, depending on the terms set by the court. It's important to review the specific guardianship order to understand the extent of the guardian's powers.

Do guardianships transfer from state to state?

Guardianships do not automatically transfer from state to state. If a guardian and the child move to a different state, the guardian may need to seek recognition of the guardianship in the new state. This often involves filing a petition in the local court to have the guardianship validated according to the laws of the new state.

Does guardianship cross state lines?

How to get guardianship of a child without going to court in Louisiana?

In Louisiana, obtaining guardianship typically requires court involvement. However, if both parents agree and the situation allows, they may create a written agreement for guardianship. This agreement should be notarized and may still need to be filed with the court to ensure it is legally recognized. It's advisable to consult with a legal professional to understand the best approach.