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My brother and his wife just had a baby girl a few weeks ago. They live in Florida. His wife came to spend some time with her parents here in California and brought the baby with her. The next thing we know, the wife filed for sole custody of the baby in California and does not plan to go back to Florida. Can she do that?A petition for custody needs to be filed in the Court that has jurisdiction in accordance with the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). The “Home State” means the state in which a child lived with a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. Obviously the baby is not even six months old yet.Unless “emergency” jurisdiction applies, i.e. there is a genuine “immediate” and “substantial harm” to the child or the mother, the California Court will more than likely refuse to make a decision in the case because it does not have...
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