custody of a newborn NYC and CAL

[trvlngyrl]

What is the name of your state? New york and California
I am trying to get some information for a friend therefore, my information may be lacking. She lives in California. He live in New York. They are both flight attendants working in New York. She has a 4 year old child by another man. He has no relationship with the child. She has never sought child support. She lives with her mother who also works. She was laid off from Nov of 03to may of 04. Her financial situation is lacking. Her mother has informed her that she will not allow her to remain in her home. Financially she can not live on her own. She found out she was pregnant a month after they broke up. He has a steady job. He shares an apartment with 2 other guys. He has no other children. They each want sole custody of their child which is due in July. which court has jurisdiction? I would assume California. Does the Dad have a chance?

 

[BelizeBreeze]

What is the name of your state? New york and California
I am trying to get some information for a friend therefore, my information may be lacking. She lives in California. He live in New York. They are both flight attendants working in New York. She has a 4 year old child by another man. He has no relationship with the child. She has never sought child support. She lives with her mother who also works. She was laid off from Nov of 03to may of 04. Her financial situation is lacking. Her mother has informed her that she will not allow her to remain in her home. Financially she can not live on her own. She found out she was pregnant a month after they broke up. He has a steady job. He shares an apartment with 2 other guys. He has no other children. They each want sole custody of their child which is due in July. which court has jurisdiction? I would assume California. Does the Dad have a chance?

Either court could have jurisdiction. It only depends on who files first. A good case can be made for New York since she works there and it will be assumed that she maintains a residence there or that she lived there during a signifigant amount of the time.
As to the question, does dad have a chance, who knows. For full custody, probably not. For shared custody yes, very good chance. But first paternity would have to be proven. Until that time, the mother retains inherant custody and the child has no legal father.

 

[USMOM]

Uccjea

The Uniform Child Custody Jurisdiction and Enforcement act is the relevent law to be applied. The law gives continuing exclusive jurisdiction to the “Home State” .The definition of home state is the State in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child-custody proceeding. In the case of a child less than six months of age, the term means the State in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period. looking at here. So, presuming that the child is born in NY and the mother lives there until something is filed, NY would have jurisdiction. It has absolutely nothing to do with who files first.

 

[BelizeBreeze]

The Uniform Child Custody Jurisdiction and Enforcement act is the relevent law to be applied. The law gives continuing exclusive jurisdiction to the “Home State” .The definition of home state is the State in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child-custody proceeding. In the case of a child less than six months of age, the term means the State in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period. looking at here. So, presuming that the child is born in NY and the mother lives there until something is filed, NY would have jurisdiction. It has absolutely nothing to do with who files first.

I'm not going to humor you anymore.

Next time read the entire federal code, especially 'most appropriate forum' specifications and residency requirements pertaining to jurisdiction....the word 'CONTINUOUS' might help.

 

[USMOM]

Uccjea

Belize, your response offers nothing. By continuous, I would assume you are referring to continuous and exclusive jurisdiction. This means that once a court has take jurisdiction, it holds jurisdiction except for listed exceptions. The original detemination is the critical point here. The home state rule actually pre-dates this act. The act has not significantly altered the original understanding. This is an act that I am personally familiar with. The definition I offered is direct from the act. The most appropriate forum is an outdated concept belonging to the Act that the UCCJEA replaced. There is an provision in the current act for an "inappropriate forum". This has an extremely high evidentiary burdon. One would have to prove that NY was incapable of addressing the issues of the case. Generally this only applies to international cases. I can even cite cases where European forums did not meet this criteria. In the future Belize, you should state what is precisely wrong with the information given. Don't let your ego be the guide.

 

[USMOM]

Watch it

trvlngyrl, The danger of asking advise from such a forum is that you can get information from someone who really doesn't have a clue. For your benefit I would suggest that you google for UCCJEA and read what is said about it and its application. I have personal experience with this act and have spoken with many legal professionals over its application. My ex has hired the best and most expensive to fight it with absolutely no success. Belize offers no concrete information pertaining to this act. Look at his/her response, it is unclear and does not offer a competative legal argument. My best advise is to get an attorney. that person will help you to sort out what facts mean what in this case.

 

[LdiJ]

I have to respectfully disagree with Belize's advice on this one. The OP clearly stated that the expectant mother resides in CA and is currently laid off from her job. Therefore its most likely that the baby would be born in CA.
If so, then the baby automatically becomes a resident of CA upon birth and CA would have jurisdiction.

I can see no way that NY could assert jurisdiction over a child born and living in another state.