Legal Question in Family Law in California

Re: what should i do (child custody)

The answer depends on how the year-long custody was granted. If it's a written agreement, the girl's mother would likely have to go to court to change that.

If he wants to change the written custody arrangement or the court custody arrangement, he'd have to file a request for modification with the court.

Re: what should i do

Has your husband been adjudicated to be the father in either a dissolution action or in a paternity action. If he has then he should file a motion to modify the child custody order in that action, which I assume is in California. The court may modify the agreement, regardless of whether it was in writing or has been made a court order. You should file the motion quickly, before she shows up at the door with a police officer demanding the child. Good Luck, Pat McCrary

Re: what should i do

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry. Here's what needs to be done:

1. If he has not done so already (by marriage to the mother or paternity action), your boyfriend has to establish himself as the child's LEGAL father.

2. If there is no COURT CUSTODY ORDER, he needs to get one (in the child's home state, which probably still is California).

3. If there is a COURT CUSTODY ORDER, he needs to have it modified in the state that issued the most recent order (providing someone still lives in that state).

You should consider contacting an experienced Family Law attorney in the child's home county or the county where the most recent court custody order originated for specific advise and possible representation on your behalf.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.