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Barrister
Barrister, Lawyer
Category: Family Law
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Experience:  Attorney with 17 years experience
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MY EX-GIRLFRIEND HAD OUR BABY SON IN LAS VEGAS, NEVADA.....THEN

Resolved Question:

MY EX-GIRLFRIEND HAD OUR BABY SON IN LAS VEGAS, NEVADA.....THEN MOVED TO CALIFORNIA AND FILED FOR FULL CUSTODY OF OUR SON.....I MISSED OUR COURT DATE AND SHE WAS AWARDED FULL CUSTODY.. WHAT LEGAL REMEDIES DO I HAVE? ALSO WAS IT LEGAL FOR HER TO FILE IN CA. THANKS
Submitted: 5 years ago.
Category: Family Law
Expert:  Barrister replied 5 years ago.
Hello,

How long had she lived in California before she filed?
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Are you listed as the father on the birth certificate or have you signed a voluntary acknowledgement of paternity?

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Thanks.

Barrister

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Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

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Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

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If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

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Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 5 years ago.
SHE LIVED IN CA 1 YEAR OR MAYBE LESS BEFORE SHE FILED
Expert:  Barrister replied 5 years ago.
Ok, she only has to live there 6 months before she would establish residency and could file there.
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Are you listed on the birth certificate or have you signed a voluntary acknowledgment of paternity?
.

.

.

Thanks.

Barrister

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 5 years ago.
YES IM LISTED ON THE BIRTH CERTIFICATE
Expert:  Barrister replied 5 years ago.
Since you are legally recognized as the father, you would have legal standing to file a "motion to modify custody" in order to have the court look at the case and make a decision as to whether or not to modify. In most situations, if the father is attempting to be a part of the child's life, courts favor this and will modify an order to award some type of either custody or visitation. They will ask about your work and living arrangements and if you have accomodations for the child if they grant some type of custody/visitation.
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But as long as you don't have anything in your background that would give the judge cause for alarm (i.e. recent drug convictions, domestic violence, sexual abuse convictions, etc.) there is a high probability the judge would agree to modify the custody order.
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The downside is that you have to file in CA where she filed her action because that is the court that would now have exclusive jurisdiction over the case. Anything that is related to the case would have to now be filed there.
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You don't necessarily need an attorney to do so, as the clerk of the court would have the proper forms, but it might be helpful if you had a family law attorney assist.
.

.

.

Thanks.

Barrister

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

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