Legal Question in Family Law in California

You need to talk to a lawyer about this issue it is too involved for a internet response. Assuming that you live in California you must file some action in California to change the existing California court order. You might be able to go to the state where your child presently resides and seek temporary custody to return him to California, but you must do something once here to obtain modification of the California disposition.

I disagree with Goff. The order is a California order. There are no other legal proceedings and orders in any other state according to your question. That means you need to go into the court that issued the existing order on an emergency basis and get a temporary order granting custody to you. Then if the person with physical custody agrees, just go get the child. If they do not agree, then you will have to go to a court in that state and ask them to adopt the California order as an order of that state (which should be pretty much automatic if you file the right papers). I have to tell you, though, it really sounds like you need to find a way to pay an attorney to help you with this. It's not a situation for amateurs.

Assuming that you are in California, you need to hire an attorney to go into court to obtain a change of custody, however, I am curious as to why you didn't get custody in the first place? Did you at least have joint legal custody, even though he was apparently given physical custody? Which court in California is this case in?

BARRY BESSER

www.besserlaw.com