Sacramento, CA asked in Child Custody and Family Law for California

Q: Is it possible for me to get emergency custody of my girlfriends daughter from the father and my girlfriend is in jail.

The father has never been in his daughter's life the 10 years she has been alive.She has been living with me for the last 3½ years with her mother and brother. Her mom recently went to jail that's when her father came and took her after filing an exparte for emergency custody by a report filled with lies . To my knowledge if proven that is considered perjury. The daughter doesn't want to be there with him. He is a stranger to her as well as the other 2 adults living in the home . He took her phone and will not let her talk to anybody at all not even immediate family. He took her from her 6 year-old brother when they are extremely close.He took her from a school that she has went to her entire life with the same friends. I have had the same job for the last 6years and supported her for the last 3½. She had her own room here. At the father's she is forced to sleep in a crib in the fathers room next to him and his current wife. Also the father has herpes risking her health.

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1 Lawyer Answer
James R. Dickinson
James R. Dickinson
  • Divorce Lawyer
  • San Bernardino, CA
  • Licensed in California

A: It would depend, more information is needed. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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