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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?
Optional Information: State/Country relating to question: California
Hi, I'm trained and experienced in family law, and I would love to help you through your current situation.
You can file for custody.
If the court decides that you do not have jurisdiction, you will then have to file in Florida.
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.
If it refuses you to file on that basis, you can thereafter file in Florida.
If that happens, you can motion to change venue after you've established in-state residency (6 months later).
Does that make sense?
Anyone can file. The worst that will happen is they will deny you jurisdiction, and you will have to then file in Florida.
If the court denies you jurisdiction in California.
... you can appear by phone if that happens though.
Just so you know, that's not preferred though.
... it looks bad.
No, not if you have good reason to do so.
I agree.
There's no way to say for sure, as each judge is different.
But, I'm of the same opinion.
I understand.
I'm sorry. That sounds like a difficult situation.
Usually, there are about 4 (plus mediation sometimes).
It starts with an initial appearance and ends with trial.
Then, they'll be 1-2 status conferences.
Plus, the court will usually order mediation at one of the status conferences.
You can appear by phone but it might look bad.
I've been at trial in which the opposing side appeared by phone, and it looks pretty unprofessional.
If you're in California, that's a pretty good reason though.
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