Legal Question in Family Law in California
Child rights after Abandonment
My ex-wife sent our daughter to stay with me for a month in 2002, called said she didn't want her back. I've had her for nearly 2 years living w/ me. Now, that her mother knows she's in counceling, she wants her back and is stating that she is getting married and that her soon to be husband is going to adopt our daughter and change her last name and relinquish the rights that I have. Can she do that? She lives in California and I live in Missouri and we have joint custody. Please help me. Thank you.
3 Answers from Attorneys
Re: Child rights after Abandonment
You did not identify the court that made the initial orders so I will presume they were made in California. If that is indeed the case, I would retain an attorney here in California to file for a change in custody giving you custody of the child. Presuming you are successful, as soon as you return home you should retain an attorney in your jurisdiction to file a motion for a change of venue based on the fact that the child resides in your home state.
I hope the above is helpful.
Regards, Damian Nolan
Re: Child rights after Abandonment
You need to file a motion to change the current custody order. If you retain an attorney you may save yourself several trips to California, depending on your local court rules. No, she could not terminate your parental rights unilaterally. Chances are your daughter will remain living with you. Good Luck, Pat McCrary
Reply: Child rights after Abandonment
I can not tell from your question what court issued the underlying custody orders. No doubt you need to modify them. I suggest that you consult with an experienced family law lawyer in Missouri and assess your ability to file there. Even though this may be a California judgment, Missouri may take jurisdiction since the child presently resides there and has probably developed significant contacts there.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com