Legal Question in Family Law in California

Re: Jurisdiction

He does not have "kidnapping" charges and criminal charges are highly improbable based upon the facts that you gave. There was no violation of the law in you removing the children from California. If he has filed an action for custody, and you have not been in New York for at least six months, California will probably be the state that has jurisdiction over the custody of the children. You will need to retain the services of an experienced custody attorney, otherwise you will be spending a lot of money traveling to California. You will also want to bring a child support action soon, as you are losing out on the support that is due to the children. Unless your boyfriend has contacts with New York, that action will need to be brought in California, so retaining an attorney soon would be a very good idea. The attorney should practice in the County that you and your boyfriend lived in, I practice in San Diego County, if that is helpful. Good Luck, Pat McCrary

Re: Jurisdiction

If you are the natural (unmarried) mother of infant children. There is no pre-existing court order or judgment depriving you of "sole" custody of your children; or their removal, from any place. It is very unlikely any Court will consider your moving home to your parents, with your children, as kidnapping.

In addition, If you were not "properly served" with Notice of [the] California proceeding, before leaving, the California Court may not have acquired jurisdiction over you or the children.

If the California Court enters an Order, despite failure of your presence in state or "proper" service, the California Order, to be enforceable in NY, it must be submitted to a NY Court of competent jurisdiction, before any action can be taken against you in NY; and it MAY be subject to proof, that it was "validly" obtained before entry.

Try not to be fooled or intimidated by your Boyfriend. If you have been the primary "caretaker" of your children since their birth, it is possible the Court will only mandate visitation, child support and contact for the father, provided he is shown as suitable in his conduct toward the children.

Good luck,

Phroska L. McAlister,ESQ

Re: Jurisdiction

You should have him served immediately with the NY court papers. Also notify the district attorney in the county of residence and the police department that you moved and why you moved. Do not give the boyfriend your current address. Find a relative who lives at a different address to act as a message center. Give this address and telephone number to the boyfriend. Tell him if he wants to contact you to do it through this telephone number and address, but that he is not to go there. Enquire as to the possibility of having this address added to the protective order. Because of the domestic violence you may be able to get the custody case moved to New York. You should be prepared to retain an attorney in Calfifornia, if he has indeed filed a court action here.