I need answers ASAP

[Youngmom]

What is the name of your state (only U.S. law)? VA/CA

I was laid off of my job a few months back in VA (my state of residence as well as my daughter) and my mother offered to take my daughter for a while so I can find a new job and get back on my feet.

I am ready to go get my daughter and I come to find out that her father who is not on the birth certificate has filed court papers for custody and is saying that I now cannot take her out of the state of California.

Is this true? What can I do??? Please help!

 

[Youngmom]

Where is the child currently? CALIFORNIA


What do the current custody papers say? As in do you have custody still or does your mother? I HAVE CUSTODY I HAVE NOT GOTTEN THE PAPERS YET BUT MY DAUGHTER IS STILL IN CALIFORNIA WITH MY PARENTS


What state are you in right now? VIRGINIA



What state is the child in right now? CALIFORNIA



What state is the father in right now? CALIFORNIA


Did you get served with custody papers? Or has court already happened and you have been ordered something? NO I HAVE NOT BEEN SERVED YET, AND NO THE COURT DATE HAS NOT HAPPENED YET

 

[Ohiogal]

California then could have jurisdiction over the child as that is the child's state of residence. How long has the child been in california? How old is the child? How long was she in VA before she went to CA? IF there is a court order restricting the child's travel FROM california then she cannot be removed from California until you get the matter settled (either by having it dismissed or by moving forward and finishing it there).

 

[Youngmom]

Virginia is her state of residency as it is mine we have lived here for 2 years in April of 09 and she has been in CA for 3 months. My daughter is 4 years old. If I am not served with the papers and I try to take her out of state is there any penalty? How do I get it dismissed?

 

[summerdawn]

Virginia is her state of residency as it is mine we have lived here for 2 years in April of 09 and she has been in CA for 3 months. My daughter is 4 years old. If I am not served with the papers and I try to take her out of state is there any penalty? How do I get it dismissed?

How do you know for sure that he has filed papers if he hasn't served you? If you don't know for sure, I would go to the local courthouse and find out. I don't think it wold be a good idea to leave the state until you find out for sure what is going on.

 

[Youngmom]

I am not sure!

But if she is a resident of VA how can he file papers out there and have us have to travel back and forth? She is only visiting CA not living there!

 

[wileybunch]

We really can't answer you because you don't have the orders in front of you. If you haven't been served with orders, then you aren't under any restrictions. If you have been served, you'll have more of an idea what Dad is claiming. Perhaps Dad is claiming child has been in CA for 6 months now and is therefore asserting CA has jurisdiction. You would have to hash it out in court at that point once you are under order restraining taking the child out of state, whether by the temporary orders that went into effect with the filing or from an order that would result from a motion being heard.

 

[CourtClerk]

I am not sure!

But if she is a resident of VA how can he file papers out there and have us have to travel back and forth? She is only visiting CA not living there!

This is not a visit:

I was laid off of my job a few months back in VA (my state of residence as well as my daughter) and my mother offered to take my daughter for a while so I can find a new job and get back on my feet.

And one more time, you said he filed papers in court, how do you know?

 

[CourtClerk]

We really can't answer you because you don't have the orders in front of you. If you haven't been served with orders, then you aren't under any restrictions.

Not true in CA. At the moment the papers are filed and served, there is an automatic restraining order in place barring either party from removing the child from the state. Once she receives the papers, she can read it on the back of the summons.

 

[Youngmom]

Not true in CA. At the moment the papers are filed and served, there is an automatic restraining order in place barring either party from removing the child from the state. Once she receives the papers, she can read it on the back of the summons.

But how many months does she have to be out there for him to be able to file papers to keep her there since her state of residence is VA?

 

[wileybunch]

Not true in CA. At the moment the papers are filed and served, there is an automatic restraining order in place barring either party from removing the child from the state. Once she receives the papers, she can read it on the back of the summons.

Yes, that is true so I take back what I said. I think OPs posts are throwing me because she stated it like she'd been served and now I don't understand how she's so sure since she's not been served, but I guess we'll see what she says about that.

 

[Youngmom]

My daughters father told me that he filed the papers.

But since I am not sure... if I get on a plane tomorrow and get her will there be any penalties since I have not been served the papers???

Again is this 3 months thing true??? He said that since she has been out there for 3 months he can file papers out there instead of having to do it in Virginia.

 

[wileybunch]

You may be able to look up case status online. What county do child and Dad live in?

 

[CourtClerk]

You may be able to look up case status online.

If the two parties were not married, it is considered a paternity case. Paternity cases are confidential. In most counties there will be no hint of it online.

 

[Youngmom]

Again my childs residency is in VA he lives in Riverside County... I will look it up and let you know what I find. I totally forgot I can do that for Riverside County. Thanks for the reminder!