Legal Question in Family Law in Hawaii

Can Custody change if filed in another State

Custody will be finalized in HI, but during visitation in CA w/ other parent the minor child(5) reveals that there has been more physical abuse toward her from custodial parent partner. Prior to HI court finalizing custody, CPS records indicated 2 prior investigations 1 with a nurse in a hospital as a witness.

So now my child has told me the abuse still continues, is there anything I can do HERE in CA. I know if I send my child back to that home she will continue to be beat by this 400lbs. man. Can I file and fight for her here in the CA courts.


Asked on 9/07/03, 5:47 am

3 Answers from Attorneys
Donald Holben Donald R. Holben & Associates, APC

Re: Can Custody change if filed in another State

You must take immediate action for the child's welfare. Make certain you have counsel in HI and in Ca. 800-685-6950

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Answered on 9/08/03, 11:37 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: Can Custody change if filed in another State

youre legal matter definitely is pressing and has emergency implications. if you would like a free legal cosultation/evaluation of your rights, email me directly with your contact information so we can help you assess your legal rights asap.

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Answered on 9/07/03, 3:05 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Can Custody change if filed in another State

California law allows the California court to take action when it is not the child's home state, in this case HI. There is an exception when there is an emergency. This action is complex and would require the services of an attorney.

Your best bet may be to continue to request custody in HI and push the safety issue.

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Answered on 9/09/03, 3:02 am


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