Legal Question in Family Law in California

Can I get my daughter from the grandmother if the mother is not in the same state as the child and there is no court order


Asked on 1/11/11, 9:36 am

1 Answer from Attorneys

James Chau Law Offices James Chau

You should not do any takings of children without first asking. It's always risky to run the potential of the other parent contacting police for kidnapping if there is any taking of a child. Moreover, the other parent could get an emergency court order seeking return of the child which would be expensive and challenging to deal with. You should ask the other parent if they would agree to what you want, otherwise you should seek a court order asking for a move away with the child.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 3/06/11, 1:46 pm


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