Legal Question in Family Law in California

Temporary custody

My husband and I lived in Portland Oregon and became addicted to methanphetamines. We have two small children. We asked my mother in law, who lives in california, to take the children for a couple of weeks for us to move out of the city and relocate so we could get off the drugs. We moved to southern oregon 7 months ago and have been clean for 7 months now. My mother in law will not give our children back and we have been going to court to get our kids back. Is it legal for her to keep our children in another state, and can the california courts deny us our right to custody. We did not sign over custody to the grandmother, and she is not acting in the best interest of our children. We want our children back, but I don't know what else to do. We are working, have been clean for 7 months, we have a home to provide, and we are recieving ongoing counceling for our past drug use. The grandmother will tell the children that they can stay with us for a weekend, but when we go to pick them up, she tells us we can't take them, and the children believe that we don't love them and don't want to get them. I am frantic over this, she is corrupting them and is not acting in the best interest of our children. Please help us.


Asked on 4/13/04, 8:26 am

1 Answer from Attorneys

Damian Nolan Law Offices of Damian M. Nolan

Re: Temporary custody

The amount of information provided is not comprehensive and makes it difficult to give you an accurate answer.

You mention you are going to court. Where are you going to court and who initiated the proceedings? Are there court orders in effect? Is the Department of Children's services involved? In short, you need to provide some accurate information and at that time I will address your problem.

You need to understand however, that you may well be in for a battle here in California and legal battles cost a lot of money.

In any event, please feel free to contact us

Regards, Damian Nolan

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Answered on 4/16/04, 8:57 pm


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