Legal Question in Family Law in Louisiana

Re: Child custody issue

She can take the baby with her, but she needs to keep the father apprised of her intentions and of the address and phone number where the child can be reached. There are some criminal statutes which prevent acive concealment of a child or taking a child away form a parent. The risk involved in doing what she plans to do is that the father may file a petition in California court to establish paternity--which will effectively prevent removal of the child from the state of Cal without a court order.--But such a petition will also result in the father having to pay child support. So there is a likelihood he will not file. Once the child is in LA for at least three months I believe the mother can then seek child support and custody orders there--but she will need to consult with an attorney in that state to make sure. If the mom wants to be super safe she can file her own action in Cal, get a temp order allowing her to take the child out of the state and then go.

Re: Child custody issue

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 --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry; however, I would

say that the child's "home state" is California and the California Court would have jurisdiction to make orders regarding the child as long as the father stays in California and the child has not been in LA for at least six months. Thereafter, LA could assume jurisdiction. Absent a court order, either parent can take the child to a different location. Your friend should see a family law attorney about the specifics of her situation.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.