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I moved out to California with my two year old daughter from

 
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  • Answered by:max713
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Customer Question

I moved out to California with my two year old daughter from Florida a week ago. The father and I never had an agreement established and so I was legally able to leave with her. He does not pay much for child support and he only wanted to see her 4 days out of the month. Most of that time, his mother watches her during those 4 days. I was given the chance to move out here and make a better life for her and I took it. My question is... If I just moved here from Florida am I able to file for custody here in CA even though I only have lived here for a week?

 

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State/Country relating to question: California

Submitted: 308 days and 18 hours ago.
Category: Family Law
Value: $25
Status: CLOSED

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Expert:  max713 replied308 days and 18 hours ago.


max713 :

Hi, I'm trained and experienced in family law, and I would love to help you through your current situation.

max713 :

You can file for custody.

max713 :

If the court decides that you do not have jurisdiction, you will then have to file in Florida.

max713 :

There's no way to say whether the court will require that you have in-state residency to establish your right to custody in California.

max713 :

If it refuses you to file on that basis, you can thereafter file in Florida.

max713 :

If that happens, you can motion to change venue after you've established in-state residency (6 months later).

max713 :

Does that make sense?

max713 :

Anyone can file. The worst that will happen is they will deny you jurisdiction, and you will have to then file in Florida.

Customer : I would have to fly back to Florida to go to hearings?
max713 :

If the court denies you jurisdiction in California.

max713 :

... you can appear by phone if that happens though.

max713 :

Just so you know, that's not preferred though.

max713 :

... it looks bad.

Customer : Would it look badly on me to the judge if I moved out here with her?
max713 :

No, not if you have good reason to do so.

Customer : My sister was chatting with a lawyer on this website and he said that on my grounds... It should be ok
max713 :

I agree.

max713 :

There's no way to say for sure, as each judge is different.

max713 :

But, I'm of the same opinion.

Customer : I am just worried that if I am not granted jurisdiction out here in CA that I will traveling back to Florida every month... That's a lot of.money.
max713 :

I understand.

max713 :

I'm sorry. That sounds like a difficult situation.

Customer : Are you able to tell me the average appearances needed in these hearings
max713 :

Usually, there are about 4 (plus mediation sometimes).

max713 :

It starts with an initial appearance and ends with trial.

max713 :

Then, they'll be 1-2 status conferences.

Customer : Do I need to appear for all?
max713 :

Plus, the court will usually order mediation at one of the status conferences.

max713 :

You can appear by phone but it might look bad.

max713 :

I've been at trial in which the opposing side appeared by phone, and it looks pretty unprofessional.

max713 :

If you're in California, that's a pretty good reason though.

Customer : Yeah I agree. I appreciate your help...thanks!
max713 :

You are most welcome.

max713 :

Please rate me, so I'll be compensated for my work.

Customer : I thought this was a free trial. Nothing against your answer, I just don't want to be racking up charges on my sisters account. How much did this cost?
max713 :

12.50

Customer : Ok....have to press a smile face?
max713 :

Yes, ma'm.

Customer : Alright....well thanks.
max713 :

You are most welcome.

max713 :

It's my pleasure.

Expert TypeLawyer
Category: Family Law
Pos. Feedback: 97.9 %
Accepts: 1179
Answered: 7/20/2012

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