Legal Question in Family Law in California

What steps can be taken here?

A father has physical custody of a 15 year old girl. He is divorced from mother and she signed over physical custody. However, they still have joint legal custody. The divorce and custody agreement took place in Nevada. The mother now lives in Utah and the father and girl live in California. The mother would like to regain custody of the girl (her life circumstances have changed for the positive), and the girl wishes to live with her mother now. The 15 year old is states that she is mentally and physically healthier with her mother. She states that she feels emotionally neglected by her father and his new wife. She also feels like their nanny and maid. She has expressed this concern to both parents and father dismisses her feelings as disrespectful and childish. Father has also done a complete personality change in the past couple of years. He said to his daughter, "God is #1, my wife is #2 and my children are #3. The girl also stated that if she has to go back there, she knows that she will fall back into depression. She stated that she also had thoughts of self-harm when living there. She is currently visiting mother over summer vacation. What can the mother do to keep her child from having to return? Father has issued an emergency return of the daughter. Mother is concerned for her child's emotional well being and best interest. Mother is also concerned of her child's father's mental state. What can be done at this point, by the mother and/or child? Which state laws do we look at?


Asked on 9/12/16, 7:23 am

1 Answer from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

The Uniform Child Custody Jurisdiction Act (UCCJEA) would be your guide on determining the appropriate jurisdiction. Since he original custody orders came out of a state where neither party now reside, it would be most likely that where the child currently resides would be the appropriate venue to bring up these parenting issues.

I think you should start by consulting with an experienced family law attorney in California since this is where the child currently resides.

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Answered on 9/12/16, 8:15 am


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