Legal Question in Family Law in California

my 14 year old daughter is living with her biological father in Nevada I live in California. Temporary guardianship was given to her grandparents for one year which has since expired (there was no court order just a notorized letter). and I want my daughter to relocate back to california to live with me. Her father is not on her birth certificate and he does not want me to come pick her up. if i go and pick her up do i need to do anything legally or do i have the right to pick her up?

thanks

Dawn


Asked on 6/27/11, 6:46 pm

1 Answer from Attorneys

Rhonda Ellifritz Law Offices of Rhonda Ellifritz

Your daughter's best interests come before what you want, in any Court. You may be able to, in the short term, pick her up and take her, but that doesn't mean you won't be drawn into Court or be forced to return her if there is a fight for custody. I can't say for sure what your rights regarding picking her up in Nevada would be without a further conversation than we can have on this forum. I don't know if you two were married, why she was not in your custody, etc.

Dad may not be on the birth certificate, but he can easily establish paternity. How long has your daughter been in Nevada? If she is being bounced around from household to household because you and your ex can't get your acts together, Courts will choose whatever will provide her with the most stability. Her friends and everything she is comfortable with is where she is now, so you need to think of what is going to be the least traumatic for HER. She is a teenager and the friends she has developed are extremely important to her. You are not saying that the daughter wants to go with you, only what you want. That may not be what is in her best interests.

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Answered on 6/28/11, 9:52 am


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