Legal Question in Family Law in California
My daughter gave birth to a baby girl in CA. they moved to Tx when the baby was 8 months. They have been there 1 month and the husband is kicking her out. She is coming back to live with us here in CA. He won't let her have the baby.
Is their some law that states that since the baby was born in CA he is required to send the baby back to CA with its mother?
2 Answers from Attorneys
This is a complex question. All states are part of the Uniform Custody Compact. Under the Uniform custody compact, the state in which the child has lived for the last 6 months is the child's home state. She could file in California. I would suggest that she contact an attorney in Texas to get custody of the child and if necessary permission to return to the child's home state, California. Leaving the child in Texas with father would probably be a mistake.
Actually, if she has only been back in CA less than 6 months, she can't file in California. She has to file in TX.
In answer to your question, there is no California law that provides for place of birth to have any relevance to custody and where children will live. I would be amazed if any other state has such a law.
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