Legal Question in Family Law in California

Question of custody/Parental Abduction

I have had my daughter in my care and custody for 9 months, mother was homeless and cps charged her with neglectand felt I(dad) was a fit parent and left daughter with me to raise but failed to give me paperwork stating that. Mother has'nt made contact with daughter in over a year, then abducted her recently from her school and fled to another state. She is claiming to have full custody by using a ''minute'' report of a restraining order case that was never signed by a judge or filed with the court.Since the abduction I have been granted temp custody of daughter by superior court, but D.A. thinks that her paperwork might be valid? It was dated 2000. Having hard time getting daughter back, can you please give me some advise on this matter.


Asked on 10/11/03, 2:25 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Question of custody/Parental Abduction

You need to have the order she provided reviewed by an attorney and discuss the facts of your case. Get a copy of the CPS file. This will show the date when the child was taken from her and given to you. Assuming that you can obtain doucments and other evidence to support your position you could file the appropriate petition and request custody and visitation for the child. If you can afford it you could contact a private investigator or other such person to obtain a copy of the court file which she claims the order giving her custody was given. If the order is false then you would have a very strong case. Since she lived with you, pursuant to the CPS action you may be able to get the case moved to California.

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Answered on 10/12/03, 2:52 pm


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