My daughter is in CO waiting an upcoming dui court date and may be encarcerated.I am in CA with my granddaughter.If i take temporary custody which state should the paperwork originate? Thank you
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Read More Answered By: James Chau |
If you are asking about guardianship, you should file your papers where the child is currently residing which is CA. You should speak to a family law facilitator in your local court house to see what forms you would need to file to get the process started. Additionally if your daughter agrees to the guardianship then the process would be easier. If the incarceration is for a very brief period of time and you expect her parental duties to resume you may need to reconsider the need to file paperwork to begin with. It may not be appropriate to file paperwork if the jail time will be very short.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau 1625 The Alameda Suite 204 San Jose, CA. 95126 http://www.jameschaulaw.com/ http://sanjosefamilylawyer.blogspot.com/
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