CALIFORNIA FAMILY LAW
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Interstate Custody/UCCJEA
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Jurisdictional Issues
.........Gender-Affirming Health Care
5 Cards On This Topic:
Other states’ laws permitting removal of a child because the custodial parent is obtaining gender-affirming health care is against CA’s public policy and will not be enforced.
Presence of a child in CA for purpose of obtaining gender-affirming care is sufficient for CA to exercise jurisdiction.
Temporary emergency jurisdiction authorized for child seeking gender-affirming care.
When deciding whether to decline jurisdiction based on CA being an inconvenient forum, the court shall consider whether gender-affirming health care is at issue.
In determining whether to decline jurisdiction because of petitioner’s conduct, the court shall consider whether it was related to obtaining gender-affirming health care.