Legal Question in Family Law in California

Re: out of state custody

A OSC in the court making the original ORDER. As the matter has been documented by CPS it should be granted. Call me directly at (619) 222-3504.

Re: out of state custody

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

If paternity has been established and there is an existing custody order, you would need to file for a modification of that order in the same court that issued it. (California retains jurisdiction as long as mother stays there.) If there ARE NO orders, you can file for custody in the child(ren)'s "home state" -- which usually is the place they have lived for at least six months.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

Re: out of state custody

Assuming that there was a previous custody order, your fiance will need to file an OSC (Order to Show Cause) to modify the custody order with the court that give the original order. I would be happy to discuss the matter with you in greater detail if you wish, and see if I can be of assistance to your fiance.

Michael D. Burt

(213) 384-2220