Title: June 14, 2006
Q. 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. 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 jurisdiction over the child. However, if your brother has a violent temper and she fears for her own safety or the safety of the child, then “emergency” jurisdiction would apply and the California court will make a decision either on an ex-parte basis or after a second hearing to allow both parties to prepare their argument in writing.
Q. I bought a carton of Snapple tea bottles from a grocery store (24 bottles were included). A few days later, I picked up a bottle and was getting ready to open it when I noticed some strange green stuff inside the bottle. I grossed me out and I vomited the meal I had just eaten. I returned the bottle to the store and an employee took a report, but nothing was done to reimburse me for the trouble I went through. What can I do?
A. Other than the dinner you lost, were you injured? Did you have to go to the hospital or doctor for mental stress? There is little you can do because your damages are minimal. You could bill the store for the meal you lost. The store where you bought the tea did not manufacture the bottles and it would be up to the manufacturer to reimburse you for the damages you suffered. If I was the owner of the store, I would probably offer you another carton just to appease you. Make sure that the bottle you are about to drink from is still sealed. It is possible that the bottle was “banged” around and the seal was broken. The “green stuff” you saw inside the bottle was probably harmless mold.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880
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