Legal Question in Family Law in California

Re: Child Custody

California, assuming that she has lived there for at least the last six months.

Re: Child Custody

If you are trying to modify an existing order you would file it in the court of origin. If there is no underlying order, you would file in the state where the child resides.

Wherever you file, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

Re: Child Custody

You have not provided very much information and it is therefore, a little difficult to provide a lot of information.

First and foremost, the jurisdiction will be California.

Secondly, because you indicated there have been no court appearances, I will presume that neither party ever filed any documents with the courts. You will need to file an action to establish parental relationship and an Order To Show Cause for custody and visitation.

There are many questions however, such as how old is the child? Have you had any relationship with the child? Have you paid child support?

If you have not had a relationship with the child and the child is more than just a few months old, and absent a showing of unfitness by the mother,the chances of you taking custody are very slim indeed. In that situation, the best you could expect would be a "phased in" visitation plan.

As you can see, the matter is compicated and requires far more information before an attorney can give you any firm advice. Indeed, my best advice is to retain the services of a competent family law attorney who can help you in your endeavors. Please bear in mind, the court will do what is in the child's best interest - not yours!

If we can be of assistance, please feel free to call.

Regards, Damian Nolan.