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I moved here about 7 months ago from California with my son…

Customer Question
Hello. I moved here...

Hello. I moved here about 7 months ago from California with my son my boyfriend and our 13 month daughter. Our relationship has ended and now I want to move back to California. My boyfriend says he will call the police if I try to cross state lines with our daughter. He has been making threats. He told my 13 year old son, his step son, if something happens to his daughter while she’s in California, my son will die. My son heard this. Also, he keeps telling me that he hopes I die on my way to California. He wants me dead. I’m scheduled to fly out on April 9th and I’m scared he will try and take her from me. What can I do. Can I go to jail. Can he take my daughter? He sufferes from depression and has PTSD.

Lawyer's Assistant: Have you talked to a CA lawyer about this?

No. I figure I’m here in CT, about to leave to California

Lawyer's Assistant: What steps have you taken so far?

None

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I’m trying to pack all my things up and leave his house and go stay at his moms.

Submitted: 1 month ago.Category: Family Law
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Answered in 4 minutes by:
3/22/2018
Family Lawyer: LegalGems, Lawyer replied 1 month ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,570
Experience: Experienced Family Law Attorney
Verified
I am sorry to hear this.
If there is concern for personal safety please contact local law enforcement immediately.It is also possible to get a protective order.Under the UCCJEA the child's home state is where the child has resided for the past 6 months and that court has jurisdiction over the custody issues. Another court may assume emergency jurisdiction if there is a threat that requires the parent to leave the state.The mother has legal custody of a child born out of wedlock until a court issues a custody or visitation order to the contrary.
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Customer reply replied 1 month ago
I know he can fight for custody but my plan was to get to California and get a lawyer there since that’s where I will reside. Don’t know if it matters but she was born in California and when she was 6 mos, we moved here. Will I have to come back to Connecticut to file for custody if he takes me to court or can I fight for custody in California?
Customer reply replied 1 month ago
I cannot talk right now because my boyfriend is here and I don’t want him to listen to my conversation.
Customer reply replied 1 month ago
Can only text
Family Lawyer: LegalGems, Lawyer replied 1 month ago
The state the child resided in the past 6 years has home state jurisdiction over custody. Birth place is not determinative. Now if a party moves to a new state and nothing is filed for 6 months then the moving party can file in the new state after 6 months since that becomes the child's new home state.
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Family Lawyer: LegalGems, Lawyer replied 1 month ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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LegalGems
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,570
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Experience: Experienced Family Law Attorney

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