- Be the child’s home state at the time of filing (or within the past six months, if the child left the state but a parent remained);
- Or, demonstrate the child and one parent have significant connections to California and substantial evidence exists here regarding the child’s care, protection, training, and relationships.
Post reportedly believes Jamie moved to California earlier this year to obtain higher child support, suggesting he may contest her residency status. However, Jamie’s petition reportedly claims the child resided with both parents from birth until November 2024. If she has lived in California with the child since then, that could give her standing as a legal resident of the State.
This would support California’s jurisdiction under §3421(a)(1) or (2), assuming Jamie remained in California and the child has significant ties to the state.
Post’s preemptive filing in Utah was likely intended to stall California’s proceedings and create jurisdictional conflict. This is a litigation tactic commonly employed by wealthy parties to delay proceedings or pressure the other side into an expensive legal slog.
Indeed, high-income litigants often file excessive motions and procedural challenges, not necessarily to win but to exhaust the opposing party’s financial resources. That’s not what’s being alleged here, but it demonstrates why Jamie’s request for attorney’s fees is crucial. In California, where courts consider financial disparity between parties, such a request is not only valid but likely to succeed.
Jamie could easily request $100,000 or more in preliminary attorney fees and costs, especially if the litigation becomes contentious. Additional awards can be granted at future hearings, ensuring she has the resources to maintain parity with Post’s legal team.
