Q: Do I have the right to remove my child from her mother's cate if her mother is cohabiting with a gang member?

A: Don't take the law into your own hands. If the current custody orders are not in your child's best interests then file a Request for Order to get them modified. If you think your child is in imminent threat of harm or there is an imminent threat to her health, safety or welfare, you can file an Ex Parte application to get temporary custody orders in place while your regularly noticed Request for Order is pending.

A: Under California law, the primary concern in child custody cases is the best interests of the child. While your ex's association with a gang member who is facing criminal charges is concerning, you generally cannot unilaterally remove your child from the mother's care without a court order.

However, given the serious nature of the situation, you may have grounds to seek an emergency custody order from the court. To do this, you would need to file an ex parte motion demonstrating that your child is at risk of immediate harm if left in the mother's care. The fact that your ex violated a court order by taking your daughter out of state and is cohabiting with someone facing serious criminal charges could potentially support such a motion.

It's important to note that the court will carefully consider the evidence and make a determination based on the child's best interests. The mere fact of the mother's association with a gang member may not be enough on its own - you would likely need to show a pattern of behavior or specific incidents that put your daughter at risk.

My strong recommendation would be to consult with a family law attorney in your area as soon as possible. They can review the specifics of your case, advise you of your legal options, and help you take the appropriate steps to protect your daughter's well-being. In the meantime, document any interactions or incidents that you believe put your child at risk.

This is a complex and sensitive situation, and it's crucial to proceed carefully and in accordance with the law to ensure the best possible outcome for your daughter. An experienced attorney can guide you through this difficult process.