Legal Question in Family Law in California
My daughter is in the US Navy. She just got back from 6 months' deployment overseas. Just before she left, her husband took their son and left the state where she's stationed. The child is 2 years old, and the father has conditioned the child to forget who the mother is.
The mother saw an attorney as soon as she returned from deployment. He told her she can't file for custody because the child has been living in another state for 6 months.
The child has forgotten who his mother is, due to the father's unwillingness to cooperate with any sort of contact while mother was deployed.
The child is currently living in the Sacramento, CA area with his father (who is jobless) and his grandmother. The mother is stationed in Washington state.
One more thing: the father's drivers license shows his residence to be Washington, not California. Does this matter for jurisdiction?
1 Answer from Attorneys
The uniform child custody act has been adopted in essentially the same format by all states. This procedure provides that the state in which the child has been living during the past 6 months is the child's home state. Removing the child without the consent of the other parent does not start the 6 month time period running. Since she was on active duty in the military when father moved. The federal code puts court cases on hold while the person is on active duty. She should consult with an attorney who has experience in the area of interstate custody. She might also consider talking to a military attorney regarding her rights as a member of the military.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
