Who has jurisdiction if a day after my Ex filed in Fresno County but I served him first & filed for emergency hearing to establish temporary custody? 4 Answers as of September 02, 2014

I filed in Tulare County a day after my ex filed in Fresno County. I served him first and also filed for emergency hearing to establish temporary custody which we both attended in Tulare County. On the day of the emergency hearing he served me. Who in this case has jurisdiction?


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The Law Offices of Tres A. Porter | Tres A. Porter
Jurisdiction can be a complicated matter. Generally speaking, assuming both counties would otherwise have had proper jurisdiction the first to serve the other party would be the proper venue. Unfortunately, your question does not mention the circumstances alleged for the emergency custody request. You should consult a family law attorney in your area without delay.
Answer Applies to: California
Replied: 9/2/2014
Law Office of Martin A. Kahan | Martin A. Kahan
If Tulare County assumed jurisdiction, that is where the case will remain, unless the court orders it transferred to Fresno.
Answer Applies to: California
Replied: 9/2/2014
Law Office of Linda K. Frieder
Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
Sound line you do.
Answer Applies to: California
Replied: 9/2/2014
Law Offices of John F. Nicholson
Law Offices of John F. Nicholson | John F. Nicholson
The rule is "first in time." Providing all other jurisdictional requirements are met, since you served him first Tulare County has jurisdiction. However, if there are minor children, the county where they reside is the proper jurisdiction regardless of who serves who first.
Answer Applies to: California
Replied: 9/1/2014
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