Legal Question in Family Law in California

Dismissal

I had a custody case in California. My ex claimed she wanted to work it out, so we dismissed our case in California. She then left California and took the children with my permission to return to her family in New York for a family reunion. After waiting for her return for a week I was then served papers from a New York court for custody. Is this legal? Is there anything I can do to return my case to California?


Asked on 8/13/05, 9:23 pm

2 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Dismissal

If the children have not been in New York for six months, jurisdiction remains in California. Contact a California Family Law attorney regarding your rights. You will need an attorney that is familiar with interstate disputes. Good Luck, Pat McCrary

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Answered on 8/15/05, 11:43 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Dismissal

This is going to be a huge headache for you! Your ex is not a generous person.

If all you want is to re-instate the action in California, then that will be easy.

The NY court does not have the right to take this case unless she can show some reason under the law. The most common reason is 6 months residence, and that is not present here.

I can make a motion to dismiss the case here in NY for you for $500.00. That includes several (3) court appearences and drafting the motion.

If you are interested in my services, let me know by email and I can get the information and do my end of the work.

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Answered on 8/18/05, 2:15 pm


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