Legal Question in Family Law in California

If a unmarried couple living in New York has a baby and the mother return to california to have the child and stays what rights does the father have living in New York


Asked on 9/23/11, 3:40 pm

4 Answers from Attorneys

Not sure you mean. The man is still the father of the child, regardless marriage or not. He will have parental rights. To enforce that right, however, he may have to come to California to fight it in court.

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Answered on 9/23/11, 3:50 pm
PATRICK MCCRARY PATRICK MCCRARY

If the child is born and lives in California the father will need to file an action in California to establish his custody and visitation rights. He can do this without subjecting himself to California jurisdiction for child support. However, he may want to do some research to see which state is more beneficial to him with respect to child support. Good Luck, Pat McCrary

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Answered on 9/24/11, 7:52 am
Michael Schneider Family Law Center

I disagree. Under the Uniform Parentage Act if the child is less than 6 months old, NY may still have jurisdiction if the child was conceived there. This may ultimately lead to a U.C.C.J.E.A. Hearing between courts over which would hold jurisdiction.

Also, parental rights are not contingent upon rather you are married and to where the mother may move. Although, from a realistic point of view, it is difficult to co-parent when you two live in different states.

www.FamilyLawCalifornia.com

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Answered on 9/24/11, 1:10 pm


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