Modesto, CA asked in Child Custody, Divorce and Family Law for California

Q: I live in CA, my husband got physical custody of my son and moved to GA. He recently passed. How do i get custody?

We started the custody and divorce procedure but on the final court date neither one of us showed up so we never got divorced. California also retains jurisdiction over my son. The clerk told me the case is still open. He recently passed away and my mother-in-law won't respond to my calls. My son and his father were living in her home. She has no legal documents stating she obtained custody but the police needed something from me stating I have custody in order for them to help me. What forms do I need to fill out to do an emergency order for custody?

2 Lawyer Answers
Anie N. Akbarian
Anie N. Akbarian
Answered
  • Divorce Lawyer
  • Encino, CA
  • Licensed in California

A: As long as the California Court has jurisdiction over the minor child then, you will be able file a Request for Order with accompanying documents and get a court order to enforce custody rights. However, I will strongly advise that you seek legal representation as there are many unanswered questions that runs in my mind as I read your brief summary. Best wishes.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
PREMIUM
Answered
  • Divorce Lawyer
  • Brooklyn, NY
  • Licensed in California

A: You can file for child custody here in CA, but the court might on its own (regardless of whether any other party appears and/or objects to CA jurisdiction) reject CA jurisdiction under the UCCJEA and find jurisdiction valid in GA. In that case, you'd have to file for custody in GA. An emergency custody motion seems appropriate here. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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