Legal Question in Family Law in California

You need to file an Order to Show Cause to modify custody and visitation. You should file it Ex Parte so you can get into Court immediately. The Court will send you to mediation and you should ask that your daughter be interviewed by the mediator. This way your daughter can tell the mediator why she no longer wants to live with her mother. Good Luck.

The best procedure is to file an ex-parte request to change custody and set a hearing. You could get into the court within 1 or 2 days. Based upon the runaway issue you would be given temporary custody of the child pending the hearing. As to whether it is a crime, I would think not. You have a duty to protect your daughter and she is better off with you than on the street. That is why the ex-parte hearing is important. That way there is no question. I would strongly suggest that you retain an attorney who is experienced in child custody and handles cases in the county of the court that made the current order.. This is not one you want to make a mistake on. Good Luck, Pat McCrary

You got good answers. I would agree that there is no crime involved if she stays with you, but if the mom showed up with police, you would have to surrender your daugther to them.