Legal Question in Family Law in California

How long does a child born in Texas have to live in California before they are considered legal residents and one parent cannot remove them from the state without the consent of the other parent?


Asked on 11/04/11, 11:35 am

2 Answers from Attorneys

Thomas Walley Good Wildman Hegness & Walley

There is a lot missing from this question, but generally a state becomes a child's "home state" after six months of residing in the new state.

Read more
Answered on 11/04/11, 11:46 am

Mr. Walley is correct that California considers itself to have jurisdiction over a child after six months of residency. There is no time, however, that one parent cannot remove a child from the state without the consent of the other parent, unless and until a divorce or other custody proceeding is filed and served, at which time automatic temporary restraining orders take effect prohibiting either parent from removing the child from the state.

Read more
Answered on 11/04/11, 6:16 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California