San Francisco, CA asked in Child Custody for California

Q: I live in a different county from the court jurisdiction of my child. Can I be denied custody?

I live in Vallejo Ca. and my child is in Los Angeles Ca. would this preclude me from being granted custody?

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1 Lawyer Answer

A: You will not be denied custody simply for living in another jurisdiction. In fact, many people are in your shoes. The courts decide move-away cases all of the time, and must abide by the law which is to provide frequent and continuing contact with both parents pursuant to California Family Code Section 3020. Dividing time between the parents can be difficult in these situations due to obvious reasons, but being denied custody is out of the question. You may not receive a lot of time with the child (if the court does not grant you primary custody). If you are not the primary parent, you may get more time in the summer along with vacations, etc. Definitely consider hiring a family law attorney to be with you in court. You can hire a family law attorney on a limited scope basis if you can't afford a fully retained attorney. Most family law attorneys offer a free initial consultation, and that is something you should take advantage of.

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