Legal Question in Family Law in California

Custody

My mom has partental rights of my daughter and theres no other court date set. What do I do next to try to get my daughter back? I live in N.V. she stay's in C.A.


Asked on 5/23/08, 12:22 pm

3 Answers from Attorneys

Anne Marie Healy Law Offices of Anne Marie Healy

Re: Custody

You would need to file an action where ever the matter is pending. If it is currently pending in your area, you could try to file a modification there, but most likely she would be able to change venue to where your daughter is currently residing.

It sounds like she just recently obtained custody and that you had custody before. If this just recently happened, you could also file a motion for reconsideration.

You should consult with an attorney.

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Answered on 5/23/08, 1:18 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Custody

I am supposing that your mother obtained a guardianship. You can petition the court for visitation rights, or if the circumstances that caused the guardianship have changed, you can petition for termination of the guardianship. If your mother adopted the child, then you would have to set aside the adoption, which may not be possible.

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Answered on 5/23/08, 2:55 pm
Jeffrey Gerber Law Office of R. Jeffrey Gerber

Re: Custody

You will need to file an OSC in any pending family law case in California (assuming that there are Orders in California which give grandma custody).

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Answered on 5/23/08, 5:14 pm


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