[CA] How can I keep custody of my child after he became established living with me?

Lexi, Chatbot

I understand how concerning it can be when custody issues arise. How long has your son been living with you in California?

Lexi, Chatbot

Do you have any legal custody agreements or court orders in place regarding your son’s living situation?

Lexi, Chatbot

Is there anything else the family lawyer should know before I connect you? Rest assured, they will be able to help with your custody issue.

Legal Eagle

Hello, I'm Legal Eagle. I'm an attorney who works in your area of law and I'll help you sort this out today. I've read what you shared, so let's go over what's happening and what your best next steps look like. Are you concerned about how your son's established life in California might affect the custody arrangement?

Legal Eagle

So I have not heard back from you in a while on this, which is no big deal. Without the information I asked for in my request, I can only give you this general answer:

After nearly two years in California, with school, medical care, and housing under you, California likely qualifies as your son’s “home state,” which gives its courts authority to make custody decisions. (CA Fam Code § 3402)

Without an existing order, the mother can request his return, but she cannot enforce that on her own without going through court. You can file a custody petition in California and ask the court to issue orders keeping him with you based on stability and his day-to-day care. (CA Fam Code § 3421)

The court will focus on his best interests, including continuity, schooling, and who has been providing primary care. Take the step now to file in your local California family court so you establish jurisdiction before any action is filed in Florida.