Legal Question in Family Law in California

My 15 month old daughter was taken from my home and they have refused to give her back. I have made several attempts to regain custody, to no avail. I have went so far as to ask the local Sheriffs to assist me, at which time i was told that they could not help me without seeing a court order. My daughters mother does NOT reside in the home where the grandparents have our daughter. I tried to opened a case with family court for custody and visitation, naming the mother as the respondent, but I had set the hearing for parentage first. The mother responded with a domestic restraining order listing false allegations, and she was awarded temporary protection for her and our daughter, as well as temporary physical and legal custody, and no visitation for me. The worst part is the grandparents have sold their home, quit their job, purchased a new home in Massachusetts, and the grandma and sister have already moved. The grandfather stayed behind with our daughter, and i am assuming this is due to the restraining order not to leave state pending hearing. I will be asking for ex parte custody at restraining hearing. do i add grandparents to the case?


Asked on 12/26/15, 1:06 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Yes, you should seek to join the grandparents so that the automatic restraining order will apply to them. You should get an attorney. The court procedures are a maze and you cannot afford to lose this, for your daughters sake.

Pat McCrary

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Answered on 12/28/15, 6:32 am


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