INTERNATIONAL AND INTERSTATE ISSUES
There are several major areas in which the law of other jurisdictions may impact a California family law action. Both California and Federal law, as well as International treaties, allow for resolution of disputes that involve the laws of different locations.
The most common interstate or international disputes involve custody cases. Normally, California has jurisdiction to determine child custody and child sharing when the minor child has resided in the state for at least six months prior to the filing of an action. Complications ensue when there have been recent moves by one or both parents and/or actions are filed in two competing states.
In addition, the United States is a signatory on various international treaties which provide for cooperation and resolution of international custody disputes. When these disputes exist, it is imperative each parent be represented by an attorney knowledgeable in international and interstate custody issues.
The Role of the California Courts
California courts may be required to make decisions interpreting the law of another jurisdiction. For example, if a premarital agreement is executed in another state, the validity of the agreement may turn on the law of that jurisdiction. Representation of a client in interstate/international disputes requires the attorney to recognize any conflicts between the laws of the different jurisdictions and educate the Court as to the applicable statute or precedent.
The Law Offices of Beatrice L. Snider, APC has San Diego attorneys familiar with interstate and international disputes and can assist the client in navigating the complex requirements. Fill out a contact form to discuss your international or interstate family law case.