Legal Question in Family Law in California

I have a 50/50 custody of my 9 yr old daughter but i have just been offerd a great job in califorrnia me and my 3yr old, fiance and I are makeing plans to leave i have talkedto my 9yr olds dad and he dont want to let her leave i know i have to put a petion to have her come with but i dont have time to becouse of the obligations to my job would i beable to fight this from california i would have a house a great job it is a better life for me and my kids i live in low income now and over there i would have a great paying job and a house not low income my 9yr old will be comeing for the the whole summer can i keep her and put in for a court date If i decide to even take the job oh and the 50/50 custody is in IL


Asked on 10/23/09, 7:44 pm

1 Answer from Attorneys
Delilah Knox Rios Delilah Knox Rios, Attorney At Law, APLC

If the child custody order was made in IL that is where the child has lived for six months, California would say that IL is the "home state" and that is where the custody determination must take place. If father still lives in IL after you move to CA, "continuing jurisdiction" will be found in IL by a CA court. If you keep the child in CA after the summer and try to file, the Court will either dismiss your action for lack of jurisdiction (unless there is an emergency of domestic violence or such) or hold a conference call with the Court in IL for the Judges to determine which state should proceed with the case. I suggest that you perhaps meet with a mediator or a Collaborative Divorce attorney to see if you and father can reach an agreement as to the custody and visitation orders. You should obtain a court order from IL if you leave with the child.

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Answered on 10/28/09, 10:06 pm


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