Q: How do I gain custody of my 2 year old daughter if her mother moved to Fairfield without my consent? Im in San Diego, CA
Baby was born in Georgia, we agreed to move to Texas with the baby. While in Texas her mother felt homesick and moved back to the Bay area (Fairfield, CA) against my will and without my consent. I believe there is neglect and nobody to watch the baby while the she is at work. I have accommodations in San Diego that she is lacking yet, she refuses to even attempt to look for work or opportunities in San Diego out of mere spite. Despite the fact that it would be easier on the family as a whole. To avoid further issues I want to know what I can do to be in my daughter's life and not just send money and maybe get a picture or two every now and then. Please help.
A:
How long has the child been in CA? You may want to file in TX asap to try to preclude CA courts from having jurisdiction over the issue, if it's been less than 6 months. Are you residing in CA? If you're in CA, you can file for custody if you accept CA jurisdiction.
See: http://www.aeesq.com/divorce-attorney/kidnapping-abduction/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Joseph Torri agrees with this answer
A: Texas may have jurisdiction over the case based on when the move occurred. Consult with a family lawyer in Texas quickly to discuss the issues. If the period for time runs, you may have to litigate the case in California. You may need to file a request for order in California if Texas doesn't have jurisdiction. Since the child lives with the mother in Fairfield, jurisdiction may result where the mother is located, and this is why you should consult with a Texas lawyer. If the child is with the mother, it may be difficult to obtain an order where you would have primary custody. That's most likely why she is taking these steps. Acting quickly with the court will be key before it really becomes difficult to obtain a better custody order. More facts are required to provide a thorough analysis.
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