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?

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1 Lawyer Answer
Tobie Brina Waxman
Tobie Brina Waxman
Answered
  • 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

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