Legal Question in Family Law in California

Child custody from unmarried mother in another state.

Here is my situation.

I have a 3 month old baby with an ex-girlfriend. A month and a half before my son was born, she left NY for California to live with her mother despite my request for her to stay.

She is now in the process of suing me for child support. I want custody of my child. What are my rights? And what should my next step be? Is it true that I need to hire an attorney in California?

Thanks for any help in advance.


Asked on 3/24/01, 5:03 pm

3 Answers from Attorneys

Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Child custody from unmarried mother in another state.

I agree that you should contact an attorney in California. You need to know the chances there will be an award made against you. Child support is not something to take lightly. Most states now provide for time in jail for "deadbeat" parents. I do not know if this is the case in California, but you need to contact a California attorney to assess the situation.

You also may want to contact an attorney in New York. At some point, the courts of New York may be involved because this is where you live. You may also want to consider filing for custody in Family Court in New York. If you contact an attorney here, she/he can help you assess your chances of getting custody here in New York, and advise you of your rights under New York State law.

Unfortunately, this situation will most likely not resolve itself quickly or easily. If I can be of further assistance, please do not hesitate to call or contact me via email.

Read more
Answered on 5/30/01, 8:47 am
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Child custody from unmarried mother in another state.

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 --

If the child has resided in CA since birth and if

mother has already filed an action in California,

then California probably will have jurisdiction

under the UCCJEA. New York will enforce any support

orders. You need a California attorney to help you

with legal custody, physical custody, visitation, and

support -- all of which are inter-related.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

Read more
Answered on 6/04/01, 6:00 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Child custody from unmarried mother in another state.

Yes, you need to get a CA lawyer either to file for custody or to defend any action she may file.

Read more
Answered on 5/30/01, 12:46 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California