Legal Question in Family Law in California

My daughter has recently come to visit me from California for her winter vacation. I live in New Mexico. She is 12 years old. She has been telling me that her mother is heavly involved in drugs and alcohol. I know from speaking with her mother that she is not working and according to her, will be living in her car in the not too distant future. I want to keep my daughter with me until her mother gets straightened out (if that ever happens). Her mother was going to let her stay but then found out that if our daughter is not living with her she will lose her foodstamps and state funded insurance. For that reason she wants me to send our daughter back to her at the end of her vacation visit. What if I don't?


Asked on 1/03/11, 2:39 pm

1 Answer from Attorneys
Tina Chen Law Office of Tina Chen

If a Court order is in place, you will be in violation of the order. If a custody/visitation order is in place, you need to file an Ex Parte Order to Show Cause to modify custody and visitation. Call the court to get its ex parte procedures. Good Luck.

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Answered on 1/11/11, 3:43 pm


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