Legal Question in Family Law in California

Ex Husband wants custody

I had a baby shortly after divorcing my husband. My boyfriend accepted full legal and parental responsibility. After 4 years without contact, my ex petitioned me for joint custody/visitation rights, just as we were finalizing our move. Being that I had already established residency in a new state, can he impose an injunction against me from removing my daughter from CA?


Asked on 2/25/01, 9:00 pm

1 Answer from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Ex Husband wants custody

Dear Inquirer:

Nothing herein shall create an attorney-client

relationship, unless a written retainer agreement

is executed by the attorney and client. This

communication contains general information only.

Nothing herein shall constitute an attorney-client

communication nor legal advice. There likely are

deadlines and time-limits associated with your

case; you should contact an attorney of your

choice for legal advice specific to your personal

situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general

information about California Family Law, as well

as information about me (education, experience,

et cetera) and my office (location, hours, fees,

policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry. For example, is

the unborn child mentioned in you divorce judgment?

That notwithstanding, the state that makes the

first order regarding custody of the child usually

has exclusive and continuing jurisdiction to make

future orders as long as at least one party

and/or the child remains in the state. But

there are lots of exceptions. Contact a

California attorney if that's where your

ex-husband has filed his petition.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

Read more
Answered on 4/20/01, 3:02 pm


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