What can I do to get my daughter back?

All of us live in California. My daughter lives with her father, al though she doesn't want to, she is 8 yrs old and I don't know if the court will listen to her.
My ex has lied and gotten everyone to believe him on anything he says! His Aunt works in the Court house and his new wife works in the same family Support office I pay support to. My daughter has said that they are moving out of the county and doesn't know what date. He hasn't said anything to me, but has stated in the past that they may move and planned on keeping the children in the same school. He has given a false address on the school records for 4 four years now. He has 2 boys & 2 girls all under 11 yrs. and they all sleep in the same room in their two bedroom home. His plan is to keep working in the previous county and keep the children in school in the old county. What can I do to get my daughter back. I also believe that these children are being left alone at home without someone old enough to care for them. Here are my Questions; Is it fraudulent to give wrongful information to the school knowlingly? Who can I contact to make him give me the new address? If / when he moves, do I still need to pay support to that county? Under what law does it state that male children and female children cannot reside in the same room? How old does my daughter need to be for the courts to consider her testimony as to where she wants to live? Can I petition for custody on these "violations" and fraudulent actions? Can I keep my daughter until he gives me a correct address and phone number? Under what laws, statues, codes, etc. can I find and use against what he has and is doing?

x

[This message has been edited by I AM ALWAYS LIABLE (edited October 14, 2000).]

Why did you lose the custody battle ?



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Psst.. I am not an attorney, and even if I was, I would not tell you. What I am giving you is not legal advice in anyway. For proper legal advice, retain a person who openly admits they are an attorney.

Dera skorpio:
I haven't practiced family law in Calif in a few years. My information may be a little rusty but I can probably get you going in the right direction.

It sounds like, legally, so much has happened with custody that you may need to take all your custody and support documents into a local family law attorney to find out exactly what your current rights are. Whether you can get your daughter back will probably depend on why you lost custody to begin with and, of course, the child's current situation.

It is not unusual for older visitation orders to contain a provision stating that the children are not to be removed from the county. If your custody orders have that provision, dad will be in violation of court orders if he takes those kids out of the county. Check the language of your prior orders.

If prior court orders grant you visitation, dad will be in violation of court orders if he can't keep those visitation dates/times.

Most custody orders state the custodial parent has to keep the other parent apprised of the child's address, phone, etc. If your orders have that provision, dad will be in violation if he doesn't tell you where he's taking the kids.

Depending on the language of prior orders, other issues may be relevant here but I can't tell what they are since I can't see the orders.

Regarding support: sounds like dad went on welfare and you're reimbursing the county for AFDC, is that right? If so, support issues will have to be raised with the county, not dad. In addition, support payments are based, in part, on custody percentage. So dad's planned move may impact custody percentage, which could impact support payments. Again, have a family law attorney "run the numbers" for you.

There are number of ways you may be able to get free attorney help with your matter. First, try the local family law courthouse. Many Calif counties now have family law attorneys on staff in the courthouses who give free legal advice. You may have to wait in line for awhile to get this help, but it may be available. Second, if you qualify as indigent, you may be able to get free legal representation (not just advice) from some local pro bono organizations. I recommend you call your local county bar association and ask for referrels to local organizations and/or attorneys who will work with you either on the cheap or for free. You could try Legal Aid but I understand some of their offices don't provide family law assistance.

And remember, just because you talk to an attorney doesn't mean you have to hire one. But a consultation where the attorney can actually see the prior court orders is probably your best bet to get definitive answers. Even if you have to pay that attorney for an hour or so of their time, at least you'll know where you stand. I recommend you act quickly. Sounds like dad is ready for action and, if you do qualify for free legal representation, it may take you awhile to get the attorney-client relationship established.

Best of luck to you, skorpio! Please come back if we can be of further assistance.

ffl

My papers are two years old, and much has changed over those two years. As far as what they state, I have her every other weekends pick up is from school to drop off monday at school. Fifth weekends vary, Holidays are divided by even and odd years, and Summer is divided into 2 week intervals. Any changes to be agreed to in writing.

the case was lost due to me listening to the wrong people (police, attorney, mediator, CPS), His Aunt works in the court house, and now his new wife just started working in the Family Support Office where I pay support to! When she was 2yrs, she told and showed me hoe "Daddy" touches her. I have pictures of hand-print bruises as well as the police, and found out too late that I could have had her Physically examined by a sexual assualt team, but needed a referal from the police- who would refuse to give me one. In essence, I tried to hard to protect my child. He is a very good liar. I could be standing in front of them dry and he could say I fell in a lake and was standing there wet and they'd believe him over me. I honestly was emotionally involved as well, I was the only one trying to protect my child and they looked badly upon me for it! I was stalked by him, harrassed by him, and lost jobs because of him, and they did nothing.

I would also like to know how to get a change of venue. And under what laws that would apply. Any help is appreciated! Thank You!

Thank you FFLA for that info. The father hasn't gone on welfare, he is working and his new wife works in the DA's office where I pay the support to.

If / when he moves, do I still have to pay support to that county?

Welcome to our little board FFLA, I hope you stick around

Thank you FFLA, If I get what I'm looking for then this would be the place I would turn to for legal matters. I know that this case will go on and on, unfortunately. I just need a few things before I can really get started. I am in the process of checking out the information I have already received. I just hope someone out there takes the time to answer all my questions and make a few points that I can follow.
Skorpio