Legal Question in Family Law in California

URGENT!! I need to stop a surgery from taking place.

I am a non-custodial parent with full legal rights. Our parenting agreement was established in Ohio. My daughter now lives in Nevada. The surgery is in California at UCLA.

How do I stop or post-pone the procedure?

What court has jurisdiction, Ohio, Nevada, or California?


Asked on 1/06/10, 10:42 am

1 Answer from Attorneys

I'm not up on Ohio custody law, but if it is like California the court retains jurisdiction over the child. If that is the case with Ohio, then the Ohio court would issue the injunction, and then you would need to initiate a proceeding in California to have it adopted and enforced by the California courts. Again, I don't know about Ohio law, but the California part of it can be done on an expedited ex parte basis once the Ohio order is official. It would probably be a good idea to get it adopted in Nevada too, just to avoid the other parent from switching to a Nevada hospital. So the place to start is with an Ohio lawyer. If your Ohio lawyer needs help with the California end of it, have them get in touch with me and I would be happy to assist either with the California proceedings or referral to other California counsel.

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Answered on 1/11/10, 11:40 am


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