Legal Question in Family Law in California
I want to move from california to texas in the next 2 months without getting my daughter taken away for me or having any issues, I have my 2 year old daughter and i want to take her with me. My babys father and I have nothing through court and we been broken up ever since i found out i was pregnant. I want to get full custody of my daughter but I'm wondering if i should start it in texas or in california before i leave?
2 Answers from Attorneys
It depend on whether or not he has had contact with his daughter. If you are going to be disrupting an existing relationship, you had best start in California, rather than go into court after you have disrupted the relationship because you will be the "bad guy" in that case. If there has never been any contact or only token contact, you are probably better going to TX, establishing residency and jurisdiction there, and then filing. You should probably double check on that with a TX attorney, though. Also, in California, if he has had knowledge he has a child and has done nothing to establish a relationship and to support the child for over a year, you may be able to have his parental rights terminated, although that would also mean you could never seek child support from him no matter what might happen to you.
Mr. McCormick fully addressed this issue.
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