Legal Question in Family Law in New York

Re: Fighting for Custody when out of state

If there is no prior order, then the child has to be in cal 3 months before you seek child custody here. Ironically, once you do seek child custody here, the child cannot be removed from the state. If there is a prior order, then you need to go to that forum to seek a modification. You cannot actively conceal or entice away a child from a parent: to do so constitutes a felony. However, this does not mean you have to do everything the other parent tells you. It also does not mean you have to return the child to NY (unless there is a court order that says so). So long as you keep the other parent apprised of the whereabouts of the child and allow continuing contact with the child, you are not taking away or concealing the child. If the father is smart, he will file in NY at the first sign of trouble, which will automatically put in an order that the child may not be removed from NY, but if the child is already out of NY then the father will have to apply for a court order requiring the child to be released to the father to be taken back to NY--it is very possible that the court will deny this request, but the second that child steps foot in the state of NY, wham, then the child cannot be removed from that state. Which state the child stays in could very well hinge on which parent files first.

Re: Fighting for Custody when out of state

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, under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the state that made the FIRST court order regarding the child usually has exclusive and continuing jurisdiction as long as one of the parties or the child continues to reside there.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

Re: Fighting for Custody when out of state

Your son does not have to be in CA for six months to file for full custody. The six months only applies to residency to file for divorce. If you don't return your son to his mom, you will or could be in violation of court order and could also be charged with kidnapping.