Legal Question in Family Law in California
I currently reside in San Diego Ca. I moved out here with my boyfriend and son 6 months ago. My boyfriend and I split up and I'd like to move back to our home town in NY where my son was born. Am I able to do this?
2 Answers from Attorneys
Yes, but having lived here for six months California has acquired jurisdiction over the child unless you had a formal paternity and custody case open in NY. If California has jurisdiction, you should consult with a California Family Law attorney before you do anything. You won't be able to explain all the details of your case and get a thorough enough set of recommendations here for a situation like that.
If you were to move your boyfriend could bring a paternity action, along with child custody and obtain a court order directing you to return the child to California. If you obtain written permission from your boyfriend that would help, but would not be a guarentee of no help. The only safe method is to get a court order allowing you to move back to NY. Good Luck, Pat McCrary