Legal Question in Family Law in California

What can I do when My daughter has been taken by her mother to Los Angeles. We are legally seperated, never married. I attempted to serve my daughter's mother custody papers and didn't know where how to deliver them. She has now filed a law suit of her own in regards to child custody and issues there of. Do I have to go to court out in Los Angeles where she filed second or out here in the bay area? I would also like to know what the next steps I should take.


Asked on 5/24/10, 5:14 pm

1 Answer from Attorneys

First off you cannot be legally separated without being married. Where you deal with the legal issues of custody and support depends on whether or not she lived in LA for four months before filing and where she lived for the four months immediately preceeding your filing. If she was down in LA for four months or more before either filing, LA will be the proper venue. If you filed less than four months after her move and she filed more than four months after, venue gets complicated. If you both filed less than four months after her move, then venue should be up here. Any way you look at it, though, you are probably going to have to file something in LA and maybe have a hearing down there. You're going to need a lawyer, at the very least as long as you are working through the venue issue.

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Answered on 5/25/10, 4:32 pm


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