CALIFORNIA FAMILY LAW
...
Interstate Custody/UCCJA
......
Modification of Out-of-State Decree
.........
Loss of Jurisdiction of Decree State
............In General
8 Cards On This Topic:
If decree state's jurisdiction has terminated, this state may modify the decree state's order. [Repealed.]
Cal. may not modify N.Y. decree so long as H remains resident of N.Y., significant connection with N.Y. continues and N.Y. has not declined jurisdiction.
Decree state does not lose its jurisdiction over custody if one party remains resident of that state.
Stipulation of parties that out-of-state decree be established as Cal. decree and modified is evidence that decree state's contacts with case have become insignificant.
Absence of minor from decree state for period in excess of six months does not terminate state's jurisdiction if parent or contestant remains there and significant connection with that state continues.
Decision of whether initial decree state's jurisdiction has terminated should be made by that state.
Deference to decree state's continuing jurisdiction is only "preference" not binding on another state.
Court may not act to modify out-of-state decree while other state's jurisdiction continues and has not been declined.