Legal Question in Family Law in California
If the mother of a child lives in one state when she has her baby and the father from a different state, where he is from tries to take her to court in the state he lives in for rights to the baby but has not been present throughout pregnancy and is not on birth certificate what would the courts do? Would the mother be forced to return to state where he has proven paternity for him to have rights to the child?
Asked on 12/02/11, 9:25 am
1 Answer from Attorneys
Unless he lied on the papers he filed in his home state, that state's courts would never exercise jurisdiction over the case. Rather than face that battle, however, the mother should file her own paternity, custody and support action in the state where she and the child reside, as soon as possible.
Answered on 12/02/11, 11:38 am
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