Transferring Custody Jurisdiction from California Under the UCCJEA
Following the Court’s decision in C.T. v. Superior Court (2025), Californians were reminded that jurisdiction over a child custody case does not automatically shift when a child and their parents relocate. In C.T., the child’s father moved to Denmark with the child for work, while the Mother resided in Utah. The father argued that California had lost jurisdiction since no one remained in California. The court disagreed, It reaffirmed that jurisdiction does not vanish because all parties have moved when the state had jurisdiction at the commencement of the custody proceeding. Instead, a California court must formally decide whether jurisdiction ends, or another court must properly take over. Until then, California retains jurisdiction.
That is not to say that jurisdiction can never transfer. Sometimes it is necessary and appropriate for another court to assert jurisdiction and bring a case to its end. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) sets out an established process to accomplish exactly that.
What is the UCCJEA?
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a set of laws adopted by nearly every U.S. state, including California, that is designed to standardize how the different states handle child custody and visitation issues. It ensures that custody cases are not being fought in multiple states at once and that one court has clear authority to make decisions.
Under the UCCJEA process, a California court will generally retain exclusive, continuing jurisdiction over a child custody case until either (see Family Code §3422(a)):
- A California court determines that neither the child, parent, or person acting as a parent resides in California; or
- A court in another state or country properly determines that it is now the appropriate forum for the suit and California no longer has exclusive jurisdiction.
Unless one of these are met, California stays in charge even if life has taken your family to a different U.S. state or overseas.
Steps to Transfer Custody Jurisdiction Lawfully
If you are seeking to lawfully and successfully transfer jurisdiction to another state/country – remember the following:
- You Need to Establish the Child’s New “Home State” – In California, pursuant to Family Code § 3402(g), the child’s home state is where the child has lived for the last consecutive six months immediately before the commencement of a child custody proceeding. If you recently moved, the new U.S. state or country may not qualify.
- You Need to File a Motion in the Original California Court – You will need to request that the court relinquish jurisdiction. The motion should explain where the child is living, how long they have been there, and include evidence supporting the move and stability in the new jurisdiction.
- Court-to-Court Communication – The UCCJEA encourages courts from different U.S. states or even countries to communicate with each other and coordinate which court shall have jurisdiction. This ensures that jurisdiction transfers smoothly and avoids conflicting orders.
- Work with an Experienced Attorney – Parents cannot transfer jurisdiction on their own. Even when a transfer is appropriate, it only happens through the courts. An experienced custody attorney can make sure you meet the legal requirements and help you prepare all the filings you need to navigate the process.
Contact Cardwell Steigerwald Young, LLP
Jurisdiction does not automatically transfer, but experienced legal counsel can help. To discuss your own case, contact the esteemed San Francisco child custody attorneys at Cardwell Steigerwald Young LLP today.
