Q: Mother is witholding child from going to school and alienating the child from me and his siblings.
There is currently no custody order. So last year, I printed out a form that we agreed on that states I have temporary custody and she signed and we got notarized. Our son went to go visit for her for summer in CA but now she won’t let us talk to him and is alienating him from me and his other siblings by blocking us on his phone. We can’t talk to him without her telling him what to say. He starts school next week and she won’t give him back knowing he has school and she won’t be able to enroll him out since she isn’t on the list. Can I drive down to CA and get him from his moms before I file for full custody? She has a recent dui and parties a lot/drugs. I’m worried about my sons wellbeing and physiological damage. Or do I need to file an emergency order first? She willingly won’t give him back knowing that he has school.
A:
The short answer is it is 100% time for you to file for custody and you may need to consider filing an emergency motion. You need to file in the state where your son most recently lived for six consecutive months.
As you write, "There is no custody order." Signing an agreement and having it notarized is helpful, but it carries no weight and is not enforceable.
As for what you can do in California, you should ask that of a California attorney. In Arizona, what you're thinking of doing is unlawful.
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