Legal Question in Family Law in California

Hello,

I have a question my girlfriend just told me that she is moving to Florida this July and she wants to bring our son. I am in California right now and my girlfriend is here too but we live in separate places. We take turns in taking care of our 11 month old son. Weekly actually. Does she have the right to bring my son to Florida?


Asked on 5/07/11, 3:03 am

2 Answers from Attorneys

She does if you haven't gone to court and gotten paternity and custody sharing orders.

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Answered on 5/07/11, 9:27 am
PATRICK MCCRARY PATRICK MCCRARY

You need to file a paternity action, if it has not already been done. After that the judge must determine whether it is in the best interest of the child to move with Mother or to stay with you. No attorney can give you a definitive answer on that. I have taught a seminar for attorneys on move-away requests and have handled four trials and one appeal this year on the issue of a child moving from one parent. You are best off getting an attorney and letting her know that she has a fight on her hand if she plans to move. That may stop her from making any plans. If she does move, without a court order, retain an attorney immediately. The longer that you wait the less chance you have to keep the child in California. Good Luck, Pat McCrary

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Answered on 5/09/11, 8:02 am


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