Summary
In California, the primary custodian generally has the right to decide where the child lives, even if the child has been living with a secondary custodian for an extended period. If there is no legal agreement or court order in place, the mother can typically relocate the child. However, if you believe the childs best interest is at risk, you can file for custody or a modification of custody. Courts usually consider the childs established life and best interests. Consulting a family law attorney is advisable for tailored advice and to understand your legal options.Full Conversation
No
Based on your response, here are a few points to consider:
- In California, a parent who does not have custody can't move the child without consent or court order.
- Since there's no legal agreement, the mother has the right to decide where the child lives.
- You can file for custody if you believe the child's welfare is at risk.
Even if the mom has been out of the picture for 4 years
Even if the mother has been absent, she still has rights. However, if you can prove it's in the child's best interest to stay with you, the court might grant you custody. Consider consulting a family law attorney.
The mother was suppose to have her only for * weeks in North Carolina and now doesn’t want to return her
This might be a case of parental kidnapping. In such cases, you can:
- Document everything
- Contact local law enforcement
- Consult with a family law attorney
Note, North Carolina and California are both party to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
Nice has been attending school here for 4 years
That's an important point. The court may consider the child's established life in California. I recommend you consult with a family law attorney immediately. Would you like help finding a family law attorney in your area?
What are the chances that she will return to California
As a legal information provider, I'm unable to predict outcomes. However, if you can show it's in the child's best interest to stay in California, it could influence the court's decision. Consult a family law attorney for tailored advice.
With the courts be in California or North Carolina
The courts involved would typically be in the child's home state, which in this case appears to be California. However, specific circumstances can influence this. Consulting with a family law attorney will provide clarity. Would you like help finding an attorney?
Even tho the mom has her in North Carolina
Even if the mother has moved the child to North Carolina, the state of California may still maintain jurisdiction if it's the child's home state. However, this is a complex issue. Do you want help finding a family law attorney in your area?
Ok
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Daughter has been living with secondary custodian parent for 4 years in California and now mom wants to keep her in North Carolina
This seems to be a complex case. Does the mother have primary custody or are you the primary custodian? Are there any legal agreements or court orders in place regarding custody?
Mother has primary custody
Since the mother has primary custody, she can typically decide where the child lives. However, considering your niece has been with you for 4 years, it could influence the case. Have you considered filing a custody modification petition in California?
Can the mom just keep her
In general, the mother, as the primary custodian, has the right to decide where the child lives. However, if you believe the child's best interest is being compromised, you can petition for custody or modification of custody. Have you consulted a lawyer about this?
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