Buena Park, CA asked in Criminal Law, Family Law, Child Custody and Identity Theft for California

Q: How can I proceed with a guardianship case I'm self representing but wasn't heard at the court ?

A person is holding my youngest daughter (6yrs old ) and won't returned her back to me she filed a RTO against my mother in law and added me as a additional person so am not allowed to talk to my daughter she doesn't have any legal paper work as to being a guardianship of my daughter I tried taking her to court but not sure how I tried calling law enforcement and because se is in a different jurisdiction they won't help I don't know what to do I would like some legal representation and I would also like to press charges on her for kidnapping / child abduction

1 Lawyer Answer
James L. Arrasmith
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Answered

A: You may want to gather and organize any documents that show your parental rights, such as your child’s birth certificate and any existing custody orders. Then, you can consider filing an emergency motion in family court, which would allow a judge to address the immediate concerns surrounding your daughter’s custody.

You might try contacting the District Attorney’s Child Abduction Unit in the county where your daughter is currently residing, as they can guide you on how to report possible unlawful detention. Law enforcement in that jurisdiction may respond more seriously once they see a valid custody or court order in your favor.

You can also speak with the court clerk about how to push your self-represented case forward and address the restraining order that stops you from contacting your daughter. Keeping calm and documenting every interaction or attempt to reach your daughter could support your case when you return to court.

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