Legal Question in Family Law in California
My 16 year old daughter ran away from our home in Fresno,CA on Aug 15,2009. I sent police to my cousins house in San Bernadino the first time she left in July and they found her their after 2 days because her car was out front. She didn't take her car this time and they act like they had no idea where she was. I have sent the police there numerous times and they have them convinced shes not there. I have several emails from my cousin stating my daughter is there and trying to get me to sign over custody. Also, I talked with my daughter on Nov 17,2009 and she told me she is staying with this cousin. My sister also, got her 7 year old daughter back from down there- will the police listen to a 7 year old if she tells them where my daughters staying? What do I need to do to get my daughter back? Can the police get a search warrant due to the email evidence? She has health problems and ran away 2 days after being referred by the Neurologist to a Psychatrist she has a lesion on her fronal lobe and a history of cutting. I really dont know what to do. She mentioned she was having the dizzyness for 3 days straight again. She turns 17 on Dec 24, 2009 so I am running out of time to help her and she has turned part of my family against me. How can I prove they are harboring a run away and putting my daughters life at risk, she has no means to go to the doctor and she won't for she is on the run away list, shes not even in school.
Please help me- I need some direction
Thank You very much
1 Answer from Attorneys
Years ago I was able to get a child returned to the parents by preparing a document titled Warrant in Lieu of a Writ of Habeas Corpus. This document requires the police to pickup the person and the child. Then they are take them before the court. There is then a hearing to determine custody of the child. This is a rather harsh procedure but may be required in this case. Preparing the declarations and other documents required for this requires a substantial amount of time, and is therefore rather expensive.