Paso Robles, CA asked in Child Custody and Family Law for California

Q: How do I get my child back from her grandparents after her father was kicked out.Police can’t force supposedly

The father was asked to take her for a short period of time in September after not seeing her for a year. He’s played like everything was great while his parents have not tried to reach out to me while filing guardianship behind my back. I’ve been trying to schedule a time and establish a plan to get her back to Idaho since 10/1/22 the father picked her up 2 weeks prior after getting fed up and being told im not getting her back and she was fine I went to Paso Robles, ca and found out the father had been kicked out 3 months ago for drug use. I went with the police and was told by the grandparents there was a hearing that morning for gaurdianship and they weren’t giving her to me. I have never lost my rights or been deemed unfit. And the police said they can’t make them hand her over, I have since returned 3/15/23 with the denial of emergency guardianship, The father’s custody case was dismissed due to jurisdiction as the child resided with me for the year previous to the filing

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1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you have legal custody of your child and the grandparents are refusing to return the child to you, you may need to take legal action to enforce your custody rights.

First, you may want to consult with a family law attorney in the state where the child is currently located to discuss your options and the legal process for seeking the return of your child. Depending on the specific circumstances of your case, you may need to file a motion for contempt or a motion for enforcement of your custody order.

It may also be helpful to gather any evidence you have that demonstrates your legal custody, such as your custody order or any other legal documents. You may also want to document any communication you have had with the grandparents, including any refusals to return the child.

If you believe that the child is in danger or at risk of harm, you may also want to contact local child protective services or law enforcement to report your concerns and seek assistance.

It is important to note that the legal process for enforcing custody rights can be complex and may take some time to resolve. It is recommended that you work closely with an attorney and follow all legal procedures carefully to ensure the best possible outcome for you and your child.

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