Legal Question in Family Law in California

Final Custody

I have FINAL CUSTODY of my 4 yr old child. It was granted to me, respondent was not present, of his own will, ''uncontested trial''. The order was granted in Canada, where myself and my child live. Other parent lives in the U.S. This is all fresh and new to me. I have been thinking of taking my child to visit the other parent in the U.S. for a while sometime in the summer. My question is. If I take my child to the U.S. to visit, can the father go to courts in the U.S. and start some type of court proceeding keeping us there or trying to change the order already set? I am very aware that the father wants us to remain in the U.S. and he wants a reconciliation, yet I am very uncertain about everything concerning reconciliation. If I took my child to visit the father, can we feel safe enough that we will not be held there in the U.S. because of some court proceedings the father may try to start? Would any type of reconciliation be grounds for the father to modify custody and/or visitation. As it stands, father has visitation, but only ''as agreed between the parties'' Ordered by the Canada court. Please help. I don't know what to do. Thank you.

Tahnee


Asked on 4/05/04, 12:36 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Final Custody

There are no guarantees, however, the courts in California follow the Uniform Child Custody act. As a general rule the Canadian Order would remain in affect until changed by a court. However, if you move to California the California court could obtain jurisdiction over the custody asped. This is unlikely if you come only for a visit.

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Answered on 4/15/04, 12:26 am


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