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.
3 Answers from Attorneys
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.
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.
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.