San Marcos, CA asked in Child Custody for California

Q: What can I do to get sole custody of my daughter ?

So I live in California and my daughter was living w her dad for the past 3 years in NYC. He’s unable to care for her properly and I feel emotional abuse has taken place due to the unstable household. I don’t feel safe with my daughter in his care so I arranged for my mom to take her until I come down and do so myself. He’s threatening to pick her up (he’s not on the birth certificate) I filed a temp legal guardianship with my mom and I have to wait to go to nyc to file for sole custody. Is he allowed to pick her up against my will even though he’s not on her BC? What more can I do to prevent him from doing so until we go to court?

Related Topics:
1 Lawyer Answer
Tobie Brina Waxman
Tobie Brina Waxman
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: Sounds like your daughter lives in NYC and has lived there for the past 3 years. California does not have jurisdiction to make any custody orders. You will need to consult with a NY licensed attorney on this matter.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.