Legal Question in Family Law in California
I am living in the state of California and my 9 year old daughter who lives in the state of Illinois is being manipulated mentally by her mother. She is being coached into leaving me messages where my daughter states that she no longer wishes to speak to me. I have recorded messages that clearly show her mother is coaching her. I believe that this is mentally damaging to my daughter and my relationship. On these grounds would it be possible for me to get full custody of my daughter in the state of California. In addition her mother has a history of mental illness and has for years been medicated. She is financially irresponsible and has lost her job recently due to reckless driving. In one incident that I know of my daughter was in the car and an accident was involved. I believe that she is a danger to my daughters well being. My daughter has called me at night frightened because her mother has left her home alone. I have been paying my child support on time for numerous years and also provide my daughter with medical and dental insurance. Your response is appreciated.
1 Answer from Attorneys
Your question does not provide clear information regarding the most important issue in your situation: jurisdiction. Without knowing what court has jurisdiction, it is impossible to tell you anything reliable. In order to figure out jurisdiction we need to know what court issued the current custody orders: CA? IL? Some other state and you both have moved? Also when was the current custody order issued? Recently? Long ago? Before or after one or both of you moved? All of this information is crucial to knowing what state's courts and laws will apply. Don't assume, by the way, that IL courts will give you less of a chance of getting custody. That is not necessarily so.
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