Legal Question in Family Law in California

My ex-boyfriend is taking our daughter on an out of state visit to see his family. as of now we have no set custody court arrangement. She has his last name and he is the parent with a job(we broke up 2 months ago and im now taking web classes). though he says he will bring her back, i would like to know if he does try to pull something, what do i need to do to protect myself?


Asked on 9/23/10, 12:57 pm

1 Answer from Attorneys

Konstantin Savransky Savransky Law Offices

First, you should make it clear to him that he needs to bring her back and that you don't agree to him moving to another state with her. Tell him that you want to see an attorney before he goes on his trip in order to sign an agreement regarding a custody arrangement. You should get him to sign a written agreement regarding custody (preferably with the aid of an attorney). Also, it would help if he made a promise to return the child in front of other people, so that they could be witnesses if he broke his promise.

You should file a parentage case regarding custody; you will need to use one of the following forms:

http://www.courtinfo.ca.gov/forms/documents/fl230.pdf (if you reach an agreement)

http://www.courtinfo.ca.gov/forms/documents/fl260.pdf

If he does not return the child contrary to your agreement, you must file your action within 6 months or California may lose jurisdiction over the custody issue. Also, the longer the father has the child in another state, the harder it will be to get her back to CA. Finally, if he keeps the child for longer than what you agree to, you should contact the police and make a report.

If you have any further questions feel free to contact me directly at my office email: [email protected]

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Answered on 9/30/10, 12:16 am


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