Legal Question in Family Law in California
Custody of child when 2 parents live in different states.
Me and my wife are currently married, she lives in New Mexico and I live in California. There is no civil, legal or otherwise any problems between us currently. I was stationed in N. Mexico when I met her and we married in Las Vegas. The issue at hand is that she only desires to live in N. Mexico and has made it evident that she is too attached to her family to become independent and leave her town. She knew early on my plans were to return to my state of residence when I completed my duty station. She changed her mind after I came here and now what we have going on is she visits me for a couple weeks then returns to N. Mexico for 1-2 months then comes and visits again. Since she was pregnant I have been the only one working and paying for all our bills and expenses. Currently the car and phone she is using is under my name. Im in a situation now where it has become ''enough is enough'' and I want my daughter (1 yr) to be with me and stop this shuffling back and forth. Whenever im able to, I visit and see them as well. I want to know what if any are the implications of me going and picking up my daughter and bringing her back with me. What are my rights? We are not in the middle of a divorce but its a possibility in the future.
2 Answers from Attorneys
Re: Custody of child when 2 parents live in different states.
You should file for divorce before her so you can get jurisdiction of the court in California. That as a first step will make it easier than going to New Mexico for court hearings.
As always please consult with a qualified attorney before proceeding in your case.
Law Offices of James Chau
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San Jose, CA. 95110
http://www.JamesChauLaw.com
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Re: Custody of child when 2 parents live in different states.
As I understand the facts your wife and daughter live in New Mexico. That your wife visits you in California every 1-2 months. The question is which state is the home state of your daughter. That would appear to be New Mexico as she apparently is in New Mexico more of the time than California.
Just removing your daughter from New Mexico to California could result in the violation of New Mexico, California and federal statutes that pertain to one parent taking a child from the custody of one parent and hiding the child from the other parent.
You need to discuss this matter with an attorney who is familiar with the interstate custody issues.
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