Legal Question in Family Law in California

i am a single father that have been raising my daughter of four years old all her life i recently moved to calif from oregon and me and my daughter haved lived her for over a year she is even enrolled in school here. recently her mother came to visit her and took her back to oregon without my permission or the legal paper work. neither of us have custudy of her and have never been to court yet. My question is it legal for her to come take out of her place of residence to another state without permission from me or the authorities.


Asked on 11/28/09, 2:57 pm

1 Answer from Attorneys

In the absence of a court order, either parent has the right to take their child anywhere. Since you have lived in California for over six months with the child, however, California courts have jurisdiction over her. I'm not sure what the Oregon jurisdictional time is, but it could be shorter. So you really need to get a custody action on file in California immediately, and then get an emergency temporary custody order, including an order that she return the child to California to school. You will then have to arrange to have that served on her in Oregon. If she does not return your daughter, then you can have the Oregon authorities take action against her.

This is a serious situation, not just personally as I'm sure you know, but legally. You need to act quickly and decisively. Even if you want to work out her mother having more of a role in her life, you have to move on this or it could get complicated by two states having conflicting rules and if the mother files in Oregon, two actions going at the same time.

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Answered on 12/03/09, 4:21 pm


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