Legal Question in Family Law in California

my daughter is a resident of NY she was here in oct,nov and dec she then flew to costa rica for 3mo now she is in California where she delivered her 1st child on april 17 . The father( they arenot married )wants 6mo of custody at a time and is being totally unreasonable. can she leave and come home? they went to one mediation visit last week ..she doesnt know where to get a lawyer, any ideas? they met while my daughter was living in calif summer of last year.


Asked on 5/26/10, 11:31 am

1 Answer from Attorneys

Why did she have a baby in CA if she lives in NY? That certainly makes a mess of things for her jurisdictionally. Is there a paternity or custody proceeding pending in CA? If not, she can leave. If there is a court case going, however, she is under an automatic restraining order against removing the child from CA. She would need the court's permission to do so, which she might be able to get, but definitely must ask for. As for where to get a lawyer, again if there is a CA case open, she needs a CA lawyer. You don't give a location within CA, so I can't tell if it is something I might be able to help with, or if it is too far from me. Likewise if it is elsewhere in the state, I don't know where and therefore cannot point you to a referral or other resources. If there is no action pending, and she returns to NY, then she should find a lawyer there.

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Answered on 5/26/10, 3:11 pm


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