San Francisco, CA asked in Family Law and Child Custody for California

Q: Will I be able to take my ex to court for a custody battle but I don't know where they are he won't tell me?

Because he up and left and took our daughter with him and we aren't married and he refuses to tell me where they are and I want to go to court and have my rights to have and see her but he keeps coming up with excuses has to why I can't please help me.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: You have the right to seek custody of your daughter and can take legal action even if you don't know where your ex is. First, you should file a petition for custody in the family court. Explain your situation to the court, including the fact that your ex has taken your daughter without your knowledge and is refusing to tell you their location.

The court can issue orders to help locate your daughter, such as involving law enforcement or other agencies. Additionally, you might request an emergency custody order due to the circumstances. This can provide temporary custody until a full hearing can be held.

It's important to gather any evidence you have, like messages or emails, showing your ex's refusal to cooperate. Consulting with a family law attorney can provide guidance on the specific steps and legal requirements in your case. Your priority should be to act quickly to ensure your daughter's well-being and your parental rights.

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