Legal Question in Family Law in California
My 13 year old daughter recently moved from California to Colorado to live with her dad on a trial basis for one school year. Now she is desperate to come home because her dad and his wife fight, drink, and have made her the nanny/house keeper. I never changed the original court order which states that the child is to reside with me even though we share joint custody. Her dad has taken her phone away so she can't text me so she sneaks it and texts me asking me to get her out of there. We verbally agreed to a full school year but now I just want to get her. What can I legally do? Thank you.
1 Answer from Attorneys
Since you have not changed the parenting court order and you claim that the child has only been living with her father for a short while,it would make sense to file a request for order in the California jurisdiction seeking the child's return for all the reasons that you've mentioned in your question. Your ex may try and claim that jurisdiction should remain where the child currently resides if she's been living with him for a prolonged period of time.Please meet with an experienced family law attorney to assist you on proceeding on this matter.
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