Legal Question in Family Law in California
My daughter's father and I are no longer together. I live in CA with the kids and he lives in NV. Recently he and I agreed to our daughter staying with him till January 2017. She has only been with him two weeks and I found out that he has a prostitute living with them and he is also smoking weed around my daughter. When he picked up our daughter, he had me sign a motorized agreement to let her stay with him till January. I want to get her back because I feel that she isn't safe. What can I do? Is this notary going to keep me from getting her back? It was created & signed here in CA.
2 Answers from Attorneys
No, it is not binding. Unless and until there is a court order, nothing about custody is completely binding. It is a piece of evidence he can use in court as to what the court should do, but the court has independent jurisdiction over the child and is not obligated to follow any agreement the parents have if the court finds it is not in the best interests of the child.
File and serve a request for order with a request that the child is placed in your immediate custodial care. It is in you and your child's best interests to have an experienced family law attorney represent you on this matter,
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