Cal. Codes » Family Code / DIVISION 8. CUSTODY OF CHILDREN / PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT / CHAPTER 2. Jurisdiction
California Codes

Cal. Family Code § 3423 (2026)

Jurisdiction

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Except as otherwise provided in Section 3424, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under paragraph (1) or (2) of subdivision (a) of Section 3421 and either of the following determinations is made:

(a)The court of the other state determines it no longer has exclusive, continuing jurisdiction under Section 3422 or that a court of this state would be a more convenient forum under Section 3427.

(b)A court of this state or a court of the other state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in the other state.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 2006–2021 · leading case: Sonoma Cnty. Human Servs. Dep't v. Heather B. (In re C.W.), 33 Cal. App. 5th 835 (Cal. Ct. App. 2019).
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Sonoma Cnty. Human Servs. Dep't v. Heather B. (In re C.W.), 33 Cal. App. 5th 835 (Cal. Ct. App. 2019). “Code, §§ 3443, 3453 ), and also is prohibited from modifying it (other than for purposes of exercising its temporary emergency jurisdiction) because no exception permitting modification applies (no California court has determined that it no longer has exclusive, continuing…”
Angel B. v. Vanessa J., 316 P.3d 1257 (Ariz. Ct. App. 2014). · cites it 2× “§ 25-1033 (noting, as applicable here, that unless a statutory exception applies, “a court of this state shall not modify a child custody determination made by a court of another state”); Cal.”
Paillier v. Pence, 144 Cal. App. 4th 461 (Cal. Ct. App. 2006). “) It follows that the trial court had no jurisdiction to modify it (Fam. Code, §§ 3423, 3446, subd. (b)), except in an appropriate temporary emergency order.”
In re Declaring B.P., 2008 MT 166, 184 P.3d 334. “¶22 In addition to being able to enforce the custody order, California may also modify the order under Cal. Fam. Code Ann. § 3423, which is California’s counterpart to § 40-7-203, MCA.”
Mann v. Mann, 956 N.W.2d 318 (Neb. Ct. App. 2021). “Pursuant to § 43-1240 and California’s equivalent statute, Cal. Fam. Code § 3423 (Deering 2020), “a court of this state may not modify a child custody determination made by a court of - 562 - Nebraska Court of Appeals Advance Sheets 29 Nebraska Appellate Reports MANN v.”
Tarvella Razi v. Shalonda Burns, No. A19A1936 (Ga. Ct. App. Apr. 3, 2020). · cites it 3× “8 OCGA § 19-9-63 (2) (emphasis supplied)8; see also Cal. Fam. Code § 3423 (b). As to the first of these requirements, a court of this state has jurisdiction to make an initial custody determination under OCGA § 19-9-61 (a) (1) if Georgia was “the home state of the child on the…”
In re Christina R., No. B241268 (Cal. Ct. App. May 7, 2013). · cites it 3× “(Fam. Code, § 3423.) A California court may exercise temporary emergency jurisdiction over a child who is present in the state and has either been abandoned or is in need of emergency protection from mistreatment or abuse.”
In re BP, 2008 MT 166, 184 P.3d 334. “*339 ¶ 22 In addition to being able to enforce the custody order, California may also modify the order under Cal. Fam.Code Ann. § 3423, which is California's counterpart to § 40-7-203, MCA.”
In re C.W., No. A152993 (Cal. Ct. App. Mar. 29, 2019). “1815; Fam. Code, § 3423.)26 A court exercising temporary emergency jurisdiction under the 26 Due to a lack of communication initially between our courts until this court contacted the Louisiana court after being apprised of those proceedings, it is unclear exactly how matters…”
In re Austin J., 261 Cal. Rptr. 3d 297 (Cal. Ct. App. 2020). “(Fam. Code, § 3423.) It does not, however, preclude a California court from exercising jurisdiction over a child merely because a different state court has previously made orders regarding the same child.”
In re Anthony B., No. B250579 (Cal. Ct. App. Oct. 1, 2014). “16 (Fam. Code, § 3423.) Paragraph (1) of subdivision (a) of Family Code section 3421 refers to “home state” jurisdiction and paragraph (2) refers to jurisdiction when the home state declines to exercise jurisdiction on the grounds that California is a more appropriate forum, the…”
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