QUESTION: I am leaving state with my daughter and her dad has no custody of any kind and has not set up visitation. Can I get in trouble? He has no rights at all. He is just ordered to pay support. I am losing everything and have no place to go but with family out of state.
MY RESPONSE:
If you got your support through a Governmental Child Support Agency case, your risk of custody/visitation problems would be far less than if you got your support through a Paternity case.
In a Support Agency case, only support is litigated, whereas in a Paternity case, custody, visitation, support and attorney's fees are litigated.
If you got your support through a Paternity case, you would best seek to enter a written agreement with the father allowing you to move to the other state, and if he refuses, file an Order to Show Cause seeking Court permission to move away with your daughter.
You wouldn't need to do those things if you got your support through a Support Agency case, but dad may thereafter seek parentage rights in a Paternity Case.
Before you have lived in the other state for six (6) months, California will remain the child's "home state" for custody litigation. If no custody litigation has been begun in California during that period, after you have lived in the other state for over six (6) months, that state will become the child's "home state", and any custody litigation would thereafter have to take place in that state.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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