Legal Question in Family Law in California
Mothers' Rights
A while ago my aunt married a man from algers who wanted to get his Visa. They eventually had a child and got divorced; the child went and lived with some of his family in Algers. He eventually took her back and brought her to the states. Since that time the child has longed to meet her mother. The mother was poverty stricken and lived on the streets for quite a while. She recently moved into a house with a new baby and has been supporting herself. The father finally decided to give into her child's wishes and let her see her mother for the first time since she was a baby. When they got to the mother's city they stayed for about twelve hours and then left, holding the mother back, not letting the mother and daughter say goodbye. Is there anything that we can do legally? Is the law on our side? Does the mother have any rights?
2 Answers from Attorneys
Re: Mothers' Rights
The mother may seek an emergency protective order preventing removal of the child from the state of california
Re: Mothers' Rights
If I understand your facts correctly, the father is currently living in the U.S., and the child is in his custody, and the father only let the mother see the child for a very short time.
If this is correct, the mother has the right to file a motion with the court asking for increased visitation rights, and she would likely be awarded some regular visitation.
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