Is it possible for judge to NOT demand I return child to home state? If I left out of state with child and his father filed.

Asked 5 months ago - Pittsburg, CA

Never married never been to court. I just moved to Las Vegas. Child is staying with paternal grandmother in CA which is his home state. It's been a hassle for me to try and bring my baby with me without being threatened even though I have that right. If I take my baby with me back home to Las Vegas and say the father files. Would the judge still demand I return child to home state? Even though if I did, my son would NOT be living with his dad he would be staying with his paternal grandmother who is non custodial.. The father can't provide a bed or place to stay for my child other than his grandma. If judge says I have to return my son it shouldn't be to someone other than the father correct?

Additional information

Child has been living with paternal grandmother for a while. She has no guardianship or rights. (Ex prisoner/drug user) .i am 18 and chose to not raise my child in a group home so I let him stay with her until I aged out. I have a job and my own place now. I've been an active mother the whole time I was in foster care it didn't effect anything but now it's a hassle to bring him with me. I don't understand when I'm the only parent with a job and a house etc. the father can't provide. I'm not trying to cut him off or anything

Attorney answers (1)

  1. Paul Jeffrey Wallin

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    Answered . A child must live in California for 90 days before California can take jurisdiction. Since it appears your child has lived in California for an extended period of time then California has jurisdiction over all issues of custody. If you take the child to another state, you would have to check with that state's laws as to how long your child would have to reside there before you could bring an action in that state to establish your child custody rights in that state.
    The problem you face is that if the father files in California to have you return the child to California before you have been in Nevada (or another state) for a long enough period of time the court might require you to return with the child to California. However, it doesn't appear that the father has been the primary custodian of the child and that is a good thing for you. IF you have further questions you should speak to a child custody lawyer in the town where your son resides who is familiar with these issues. Good luck

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