I need answers ASAP

[LdiJ]

Not true in CA. At the moment the papers are filed and served, there is an automatic restraining order in place barring either party from removing the child from the state. Once she receives the papers, she can read it on the back of the summons.

However, in this instance, if the child has only been in CA for three months, then the child is NOT a CA resident (they have been residing in VA for 2 years) therefore CA would NOT have jurisdiction.

Therefore, if dad has filed anything, mom should be able to get it dismissed based on lack of jurisdiction.

Mom should go get her child ASAP, check the courthouse file in CA to find out in anything was actually filed, and if it was, file an immediate motion to dismiss based on the fact that CA does not have jurisdiction.

That is of course assuming that CA jurisdiction was not established prior to mom moving to VA. If it was, then CA would have ongoing jurisdiction, and mom probably needs an attorney.

This should also be an object lesson for all parents who are tempted to allow grandparents to help them out temporarily by temporarily taking the child(ren)....stuff like this always happens. Parents need to keep their children with them.

 

[Ohiogal]

Where and WHEN was paternity established? And until it is dismissed (if it will be) mom shoudl NOT remove the child.

 

[Youngmom]

Paternity has not been established?

My daughter was born in CA and lived there for the first two years of her life and then we moved to VA and she has lived here for 2 years minus the 3 months she has been in CA.

That is of course assuming that CA jurisdiction was not established prior to mom moving to VA. If it was, then CA would have ongoing jurisdiction, and mom probably needs an attorney.

How would the CA jursidiction be established before? Is that only if anything had been filed before I had moved?

 

[summerdawn]

Paternity has not been established?

My daughter was born in CA and lived there for the first two years of her life and then we moved to VA and she has lived here for 2 years minus the 3 months she has been in CA.


How would the CA jursidiction be established before? Is that only if anything had been filed before I had moved?

OG is asking you HOW and WHEN paternity was established, not telling you it hasn't been. Did you go to court to establish paternity? Did dad sign an AOP?

 

[Youngmom]

OG is asking you HOW and WHEN paternity was established, not telling you it hasn't been. Did you go to court to establish paternity? Did dad sign an AOP?

Her father has not done anything until now. No paternity, no signing of anything. He is not on her birth certificate and in no way has any legal rights to her. I am her sole caregiver, I have full custody of her right now.

Since my daughter has not moved to CA and her legal parent is not there how would they be able to keep her there? Who would she stay with? My parents can not watch her forever.

 

[summerdawn]

Her father has not done anything until now. No paternity, no signing of anything. He is not on her birth certificate and in no way has any legal rights to her. I am her sole caregiver, I have full custody of her right now.

Since my daughter has not moved to CA and her legal parent is not there how would they be able to keep her there? Who would she stay with? My parents can not watch her forever.

Is there any way that you can go stay with your parents and be a mother to her until you get this mess sorted out? This way she doesn't have to wait any longer for mommy to come home...

 

[CourtClerk]

Her father has not done anything until now. No paternity, no signing of anything. He is not on her birth certificate and in no way has any legal rights to her. I am her sole caregiver, I have full custody of her right now.

Since my daughter has not moved to CA and her legal parent is not there how would they be able to keep her there? Who would she stay with? My parents can not watch her forever.

I'm going to say this again. 3 months is hardly a vacation and even YOU admitted she wasn't visiting or vacationing....

(in your first post. your story changed later.)

 

[Youngmom]

regardless of if she has been there on a vaction or not what state has jursidiction??? Is this 3 month thing true??? If so how can they inforce it if she does not have a custodial parent living in that state?

 

[Ohiogal]

regardless of if she has been there on a vaction or not what state has jursidiction??? Is this 3 month thing true??? If so how can they inforce it if she does not have a custodial parent living in that state?

You just stated that this was NOT a paternity action but custody. If that is the truth then paternity had to have been established SOMEHOW.

 

[Youngmom]

Could he have put both set of papers in at the same time??? I KNOW paternity has NEVER been establised.

Also it is against the law for him to put her on his health insurance, since he is not legally her father?

 

[Youngmom]

Ok I have been doing a ton of research and I am pretty sure he filed a Summons (Uniform Parentage-Petition for Custody and Support) The Summons does have a restaining order that says that both parents cannot take the child out of the state of California. However, he told me that he filed it in Orange County even though my daughter is staying with my parents in Los Angeles County. It says that it needs to be filed in the county that the child lives in.

Even if that 3 month thing is correct he is still wrong by filing in Orange County and not Los Angeles County. How do I dismiss it? I know I have to wait to get served but does anyone know how long it takes to get it dismissed?

 

[CourtClerk]

It says that it needs to be filed in the county that the child lives in.

If my memory serves me correct, that's not what the famiily law case coversheet says....

 

[Youngmom]

What does it say? What can I do? How can I get it dismissed?

 

[CourtClerk]

What does it say? What can I do? How can I get it dismissed?

Actually, LA County's FLCC says that paternity and custody actions may be filed in 1 of 3 places:

1. Central District
2. Where one of the parties live
3. Where the child lives

I personally think he should hurry up and serve you and stop talking about it.

 

[Youngmom]

California Law - Uniform Child Custody Jurisdiction and Enforcement Act
The overall spirit of the Uniform Child Custody Jurisdiction and Enforcement Act is that the courts of the various states involved should cooperate to figure out what court is the most appropriate to hear the case.

Under this Act, a state's court will hear the case if any of the following is true:


The state is the child's home state. This consideration is more important than any of the other considerations, listed below.
The state had been the child's home state within six months before the case started, and the child was moved out of the state, and a parent or someone acting as a parent lives in the state.
It is in the best interest of the child for the court to take the case because the child and at least one parent have a significant connection with the state, and there exists in the state substantial evidence about the child's present and future care, protection, training, and relationships.
The child is present in the state and there is some kind of emergency, such as an abusive parent or neglect.
It appears that no other state will take the case and the court determines that it is in the best interest of the child that this court do so.
The court generally will not take a case if the matter is already being heard elsewhere.

The court will generally honor the custody decrees of another state.

This is what I found. It says that the case has to be heard in the childs home state. All the other ones dont apply.