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

Q: Does my family have a right to custody of my daughter if her father has abandoned her and I am unable to see her?

So here's the situation: back in January the father of my daughter and her babysitter and her daughter (also the people I was living with) refused to let me leave the house with my daughter. I attempted to leave and due to being in similar situations in the past with my daughter father I reacted by trying to fight my way out. Unbeknownst to me they were recording and once they were able to forcefully grab her from my arms they called the police. I was arrested and a restraining order was placed on me for my daughter and her father.

I have since been convicted and a cpo was put in effect but was told I could still go through family court to get my daughter. My question is though, I have reason to believe that my daughter father is not even with my daughter and she is alone living with the babysitter and her daughter. If this is the case, is there something that could be done, like can my sister or my mom go there and get her if I am unable to due to the case and he has abandoned her?

1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

for an accurate answer, you need to consult with a family law (divorce) attorney.

Domestic violence is a criminal matter and you should have hired or had a public defender appointed to represent you on the criminal proceedings.

however, criminal lawyers don't know much about family law issues.

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