News & Commentary

Luka Doncic Custody Fight Tests California's Jurisdiction Over Foreign Children

Luka Doncic asks court to dismiss ex's California child support filing, arguing Slovenia has jurisdiction over their two daughters who reside there.

By Antonio G. Jimenez, Esq.California8 min read

NBA star Luka Doncic and ex-fiancée Anamaria Goltes are fighting a cross-continental custody battle over their two daughters, ages 2 and 4 months, both living in Slovenia. Doncic filed legal papers in Los Angeles County Superior Court seeking to dismiss Goltes' California child support petition, arguing California lacks jurisdiction because neither child has lived in the state for six consecutive months—the standard required under both the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and Cal. Fam. Code § 3421.

Key FactsDetails
What happenedAnamaria Goltes filed a child support petition in California against Luka Doncic; Doncic moved to dismiss for lack of jurisdiction
WhenGoltes filed March 2026; Doncic has not seen his daughters since December 2025
Who is affectedTwo minor children, ages 2 and 4 months, currently residing in Slovenia
Key statuteCal. Fam. Code § 3421 (UCCJEA home state jurisdiction)
Forum shopping allegationDoncic argues Goltes filed in California to exploit higher support guidelines
Parallel actionDoncic filed an injunction in Slovenian courts February 26, 2026, seeking immediate contact with both children

California Cannot Decide Custody Unless a Child Has Lived There for 6 Months

Under Cal. Fam. Code § 3421(a)(1), California can exercise jurisdiction over a custody matter only if the state is the child's "home state," defined as the state where the child lived with a parent for at least six consecutive months immediately before the proceeding was filed. According to TMZ's reporting, both children reside in Slovenia and have not lived in California for any extended period. If those facts hold, California courts would almost certainly decline jurisdiction.

This is not a technicality. The UCCJEA exists in all 50 states specifically to prevent parents from forum-shopping—filing in whichever jurisdiction offers the most favorable outcome. Doncic's legal filing explicitly alleges that Goltes chose California not because the children have any meaningful connection to the state, but because California's child support guidelines produce higher awards for high-income earners.

Under California's guideline formula, a parent earning Doncic's reported $43.5 million annual Lakers salary could face monthly support obligations exceeding $100,000. The jurisdictional question therefore represents a potential difference of hundreds of thousands of dollars annually.

The Forum Shopping Problem in High-Income Cases

Doncic's motion to dismiss centers on a legal concept California courts take seriously: forum shopping. When parents have connections to multiple jurisdictions, there is a temptation to file in whichever state produces the most favorable financial result. California's uncapped child support formula under Cal. Fam. Code § 4055 makes it a frequent target.

According to ESPN's reporting, Doncic argues in his court filing that he is not a California resident and neither are the children. He states he has been trying for months to get Goltes to move to California with their daughters, but she has refused since relocating to Slovenia in May 2025.

The anti-forum-shopping provisions of the UCCJEA exist precisely for situations like this. When a parent files in a state that lacks genuine connection to the children—even if that state would produce a more favorable support calculation—courts are expected to decline jurisdiction and defer to the children's actual home state.

How California Child Support Works for High Earners

California calculates child support using a statewide guideline formula found at Cal. Fam. Code § 4055. The formula factors in each parent's net disposable income, the percentage of time each parent has physical custody, and tax filing status. For most families, the formula produces predictable results. For professional athletes earning $40 million or more per year, the numbers become extraordinary.

California courts have discretion to deviate from guideline support under Cal. Fam. Code § 4057(b) when the amount would exceed the children's reasonable needs. Courts have used this provision in cases involving NFL and NBA players to cap support at amounts that reflect actual child-rearing costs rather than a pure percentage of income. Even with a downward departure, support orders for earners at Doncic's income level have historically landed between $20,000 and $50,000 per month in California.

Slovenia, by contrast, uses a needs-based system. Slovenian family courts assess the actual costs of raising a child, the standard of living the child would have enjoyed had the parents stayed together, and each parent's financial capacity. The resulting orders are typically far lower than what a California court would impose on an earner making tens of millions annually. The gap between the two systems explains the jurisdictional strategy on both sides.

Why Slovenian Courts Likely Have Jurisdiction

Under the UCCJEA, a child's "home state" is the primary basis for custody jurisdiction. Cal. Fam. Code § 3402(g) defines home state as the state where the child lived with a parent for at least six consecutive months immediately before the custody proceeding began. For children under six months old, home state means the state where the child has lived since birth.

Both of Doncic's daughters appear to meet the home state test for Slovenia:

Gabriela (age 2): Born in the United States in November 2023, but has lived in Slovenia since May 2025—well over six consecutive months before Goltes filed her California petition in March 2026.

Olivia (4 months): Born in Slovenia in December 2025 and has lived there since birth.

California Family Code § 3405 treats foreign countries as "states" for UCCJEA purposes, meaning Slovenian courts have the same jurisdictional standing as another U.S. state. Because both children have lived in Slovenia for the requisite period, Slovenia—not California—is their home state under UCCJEA principles.

The December 2025 Hospital Incident

The custody dispute became public after a disagreement at the hospital following Olivia's birth. According to reporting from Total Pro Sports, Doncic expressed a desire to bring his older daughter Gabriela back to the United States with him during his December 2025 visit for the birth. A disagreement with Goltes ensued, and she called police after Doncic peacefully left the hospital.

Doncic has stated publicly that he has not seen either of his daughters since that December visit—a gap of over three months as of the March 2026 filing. His Slovenian court filing from February 26, 2026, seeks immediate contact rights while the broader custody dispute is resolved.

What Happens if California Declines Jurisdiction

If the California court grants the motion to dismiss, the case would effectively shift to Slovenia, where Doncic has already filed his own action seeking contact with the children. Slovenian courts would then control both custody and support determinations under Slovenian family law.

Under the UCCJEA, once a court determines it lacks home-state jurisdiction, it must decline to hear the case unless no other state or country qualifies—which does not apply here. Cal. Fam. Code § 3421(a)(3) allows California to take jurisdiction only when no other state meets the home-state test and the child has a significant connection to California. With both children living in Slovenia, that argument faces steep odds.

There is one potential path for Goltes to keep the case in California. Under Cal. Fam. Code § 3424, California can exercise temporary emergency jurisdiction if a child is present in the state and has been subjected to or threatened with mistreatment or abuse. There is no public reporting suggesting that standard applies here, but emergency jurisdiction provisions have occasionally been invoked in international disputes when one parent raises safety concerns.

Practical Takeaways for California Residents in International Custody Disputes

  1. Jurisdiction is decided before anything else. A California court must determine it has legal authority over the children and the support issue before hearing any arguments about amounts. If Doncic's motion succeeds, the entire California petition gets dismissed without reaching the merits.

  2. Where the children live controls the analysis. Under both UIFSA and the UCCJEA, the children's habitual residence is the primary jurisdictional factor. A parent's workplace or income source is secondary. Parents in cross-border situations should understand that filing in a preferred state does not guarantee that state will accept the case.

  3. The six-month residency rule is critical. Under California Family Code § 3421, a child's "home state" is where they lived for six consecutive months immediately before the custody case began. If your children recently moved abroad, California may retain jurisdiction for up to six months after their departure if you still live here.

  4. High-income cases amplify forum shopping incentives. California's uncapped support formula means the jurisdiction question can represent a six-figure annual difference in support obligations. Parents earning above $500,000 annually should consult attorneys in every potentially relevant jurisdiction before either filing or responding.

  5. Responding quickly matters. Doncic filed his dismissal motion promptly after Goltes' petition. Under Cal. Fam. Code § 4909, failing to challenge jurisdiction in a timely manner can result in waiver—meaning the court assumes you consent to its authority. Any parent served with an out-of-state or international support petition should respond within 30 days.

  6. Parallel filings in multiple countries complicate enforcement. Doncic filing in Slovenia while Goltes files in California creates competing proceedings that courts must sort out under comity principles, adding months or years to resolution.

  7. Courts look past procedural maneuvers. If a California judge finds that a petition was filed specifically to exploit favorable support guidelines rather than because the children have genuine ties to the state, the court is likely to dismiss under the UCCJEA's anti-forum-shopping provisions.

Frequently Asked Questions

Can you file for child support in California if your child lives in another country?

Generally, no. Under Cal. Fam. Code § 3421, California requires that the child lived in the state for at least six consecutive months before filing. If the child's home state is a foreign country, California courts will typically decline jurisdiction and defer to the country where the child resides. Emergency exceptions exist under Section 3424 but require evidence of abuse or threat.

How much child support would someone earning $43.5 million per year pay in California?

California's guideline formula at Cal. Fam. Code § 4055 can produce monthly support exceeding $100,000 at that income level. However, courts routinely exercise discretion under Section 4057(b) to cap support at the children's reasonable needs, which in past NBA cases has resulted in orders between $20,000 and $50,000 per month depending on custody time split and actual expenses.

What is the UCCJEA and why does it matter in custody cases?

The Uniform Child Custody Jurisdiction and Enforcement Act, codified in California at Cal. Fam. Code §§ 3400-3465, prevents parents from filing custody cases in whichever state offers the most favorable outcome. The UCCJEA requires cases to be heard in the child's home state, defined as where the child lived for six consecutive months before filing. All 50 states have adopted some version of this law.

What is forum shopping and why is Doncic alleging it?

Forum shopping occurs when a parent deliberately files in a jurisdiction expected to produce a more favorable ruling rather than the jurisdiction with the strongest connection to the family. Doncic's legal filing alleges Goltes chose California over Slovenia specifically because California's uncapped child support guidelines would yield a substantially higher monthly order. California courts are required under the UCCJEA to refuse jurisdiction when forum shopping is demonstrated.

How does Slovenian child support compare to California child support?

Slovenian family courts use a needs-based calculation that assesses actual child-rearing costs and each parent's financial capacity, typically producing lower awards than California's income-percentage formula. For a parent earning $43.5 million annually, the difference could be tens of thousands of dollars per month. California's guideline formula at Section 4055 is among the most generous for the custodial parent in the United States.

Does playing for the Lakers give California jurisdiction over Doncic's support case?

Doncic's employment with the Lakers establishes personal jurisdiction over him in California—meaning California courts can require him to appear and respond. However, personal jurisdiction over a parent is not the same as subject matter jurisdiction over child support. Under the UCCJEA, the children's home state, not the parent's work state, is the primary basis for custody and support jurisdiction.


Find a California family law attorney through divorce.law's California directory to discuss jurisdiction questions in your own case.

This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.

Key Questions

Can you file for child support in California if your child lives in another country?

Generally, no. Under Cal. Fam. Code § 3421, California requires that the child lived in the state for at least six consecutive months before filing. If the child's home state is a foreign country, California courts will typically decline jurisdiction and defer to the country where the child resides. Emergency exceptions exist under Section 3424 but require evidence of abuse or threat.

How much child support would someone earning $43.5 million per year pay in California?

California's guideline formula at Cal. Fam. Code § 4055 can produce monthly support exceeding $100,000 at that income level. However, courts routinely exercise discretion under Section 4057(b) to cap support at the children's reasonable needs, which in past NBA cases has resulted in orders between $20,000 and $50,000 per month depending on custody time split and actual expenses.

What is the UCCJEA and why does it matter in custody cases?

The Uniform Child Custody Jurisdiction and Enforcement Act, codified in California at Cal. Fam. Code §§ 3400-3465, prevents parents from filing custody cases in whichever state offers the most favorable outcome. The UCCJEA requires cases to be heard in the child's home state, defined as where the child lived for six consecutive months before filing. All 50 states have adopted some version of this law.

What is forum shopping and why is Doncic alleging it?

Forum shopping occurs when a parent deliberately files in a jurisdiction expected to produce a more favorable ruling rather than the jurisdiction with the strongest connection to the family. Doncic's legal filing alleges Goltes chose California over Slovenia specifically because California's uncapped child support guidelines would yield a substantially higher monthly order. California courts are required under the UCCJEA to refuse jurisdiction when forum shopping is demonstrated.

How does Slovenian child support compare to California child support?

Slovenian family courts use a needs-based calculation that assesses actual child-rearing costs and each parent's financial capacity, typically producing lower awards than California's income-percentage formula. For a parent earning $43.5 million annually, the difference could be tens of thousands of dollars per month. California's guideline formula at Section 4055 is among the most generous for the custodial parent in the United States.

Does playing for the Lakers give California jurisdiction over Doncic's support case?

Doncic's employment with the Lakers establishes personal jurisdiction over him in California—meaning California courts can require him to appear and respond. However, personal jurisdiction over a parent is not the same as subject matter jurisdiction over child support. Under the UCCJEA, the children's home state, not the parent's work state, is the primary basis for custody and support jurisdiction.

Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering California divorce law