Legal Question in Family Law in California

I am from NY and my boyfriend is from CA. We both lived in NY when we had our daughter who is 2 now. We moved to CA so I could finish college there. We are no longer boyfriend girlfriend and I want to go to NY where my family is. Can I legally go with my daughter from CA to NY without any problems from my x? What rights do I have to leave CA with my daughter if we were never married? (Does it help that our daughter was born in NY?) I do not have the money for attorney fees, so any info would be much appreciated.


Asked on 5/26/11, 2:53 am

1 Answer from Attorneys

If you have lived in California for six months or more, California has jurisdiction over you, the boyfriend, and the child. Under California law you are in exactly the same position as far as child custody and support as if you had gotten married and were getting divorced. If you take the child from California, your ex-BF will have the power to get a CA court order that the child be returned to CA. He would have to get a NY order enforcing the CA order, but that is very routine. The bottom line is it is WAY better to work out a custody and support order by agreement, or go to court for a court decision and order, before you go to NY. Just taking off to NY will leave you with one strike already against you if he goes to court in CA after you leave.

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Answered on 5/26/11, 9:48 am


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