Glendale, CA asked in Child Custody, Domestic Violence and Family Law for California

Q: How can I proceed in keeping custody of my child in CA? Im a fit mother with a 2 yr old girl. Im from Ohio.

I have lived in CA for 10 years and left my ex due to abuse. I showed up to court on an ex parte with he and his attorney and its been downhill since. I am loosing custody to an abuser who has hired an attorney to abuse the system to obtain orders. Im a fit mother who has done everything right but yet my actions have led to my young child in the hands of an abuser. Im pro se, and yes... I know. My ex has made a strong effort to suppress my survival while building a "status quo" for the courts. I can fix my case since I have all the proof and evidence to turn it around but I don't know my options with a permanent judgement pending from a trial that was not ready. Im being taken advantage of. What are my options from here? Since there are no perm. orders yet, Is it possible to obtain perm. orders in OHIo where I can establish jurisdiction at least? Also, Does a court in CA have jurisdiction if due-process was violated and not raised before filing other actions? Thank you.

1 Lawyer Answer
Susan G. Cohen
Susan G. Cohen
Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: Was there a trial in Ohio? If the Ohio Courts have already held a trial and entered custody orders, unfortunately the California Courts are bound by that order or judgment. It is very difficult get California even to accept jurisdiction if there is still a case pending elsewhere. Your local Domestic Violence program may be able to get you in touch with a lawyer who can help you. Have you ever sought Domestic Violence Protection orders against this man either in Ohio or California? The Family Law Clerk in the court where current motions are pending can help you. Most of all you need a lawyer. You probably cannot do this pro se.

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