Legal Question in Family Law in California

Re: Gaurdianship or Adoption

When you are dealing with children you should start

from a point of compassion. If the child is being

sent from CA to NM that action would suggest that

somebody is having a problem. Since it is a nephew

you are asking about I would think the problem would

be the nephew's problem. The first thing I would

suggest is joint counseling for you and your nephew.

(A) Joint counseling will help both of you integrate

your nephew into your family (even if your family

consists of only you) and (B) counseling at all will

show your nephew that there is someone out there

who is taking the time to help him address his problems.

Last, joint counseling will show a judge and anyone

else that you are taking 'non-legal' measures first

[which most people think is a good thing] before you

start with legal actions. Believe it or not, resorting

to the law and the legal system is not always the

best course of action for children and other living

things.

The legal issues will, at the very least, involve

a law called the Uniform Child Custody Jurisdiction

Act or the UCCJA. At the very least that law says

that the last state the child lived in for 6 mos. or

more is the home state of the child and if there

is any litigation about the child it will take place

in the home state. There are exceptions dealing with

some emergencies but you will have to have a lawyer

go into court and argue about emergencies. The bad

part about that is that if you loose on that argument

and it is less than 6 mos. you ex, as guardian, might

legitimately and legally, demand the child be returned

to CA. I would not put much stock in the thing you

stated that you learned about crossing "state lines." As

a long time family lawyer that only sounds like something

you'd hear in an old movie. I know of no law or court

order that is dependant on 'state lines' in the manner

you expressed. I realize you are trying to be succinct

in stating your issue for this medium but my answer about

the UCCJA is on point regarding litigation over a

child.

The thing that I would suggest that you do get from

your ex is a notorized letter saying that at guardian

of the child the ex has voluntarily allowed the child

to come to NM to stay with you. Also, get a certified

true original copy of the order placing guardianship

of the child with your ex. Those two documents will

be sufficient for the immediate (at least 6 months)

future. If you have issues (such as wanting the

child to continue to stay with you) after 6 months

then consult a lawyer in your town. The state bar

of NM has a free lawyer referral service. You can

obtain the telephone number at their web site at

http://www.nmbar.org and look for a header called

"lawyer referral."

Good luck to you and your nephew.