Grandparents going against my will

[Youngmom]

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

Ok I just want a quick answer if possible. My daughter is currently visiting my parents in CA and me and my daughter's father are currently going through a custody battle. I have full custody right now and he is not on the birth certificate yet. No visitation has been established. I have explained to my parents that I do not want my daughter going over to his place unsupervised and they are not listening. Is there any legal action I can take that they would have to abide by?

Thanks.

 

[NotClueless]

Legal action: how about just going and getting your daughter and bringing her home?

 

[CJane]

You could GO GET YOUR DAUGHTER.

The clock on that whole 6 months til you're a resident thing is ticking away and you're worried about whether or not your parents are behaving? When were YOU planning to start acting like a parent?

 

[Youngmom]

I cannot go out and get her right now until the case is dismissed. There is a restraining order in place that my daughter cannot leave the state of CA. I would love to go get her but I cannot. I am in the process of getting the case dismissed for lack of jurisdiction in Ca since my daughter's home state is VA.

 

[CJane]

I cannot go out and get her right now until the case is dismissed. There is a restraining order in place that my daughter cannot leave the state of CA. I would love to go get her but I cannot. I am in the process of getting the case dismissed for lack of jurisdiction in Ca since my daughter's home state is VA.

Really? In the process? What exactly IS the process you're in?

 

[CJane]

And I don't think you ever answered in your other thread... have you actually been SERVED?

 

[Youngmom]

Yes I have been served. I was served over the weekend and now I have to file papers, a response, a motion to dismiss and a declaration of my reasons. I had a plane ticket to go and get her before all of this happened so its not like I didnt want to go and get her. Also the 6 month thing is only when the papers are filed and they were filed Feb 11th so even if she gets to that 6 months it will not matter.

 

[Ohiogal]

Yes I have been served. I was served over the weekend and now I have to file papers, a response, a motion to dismiss and a declaration of my reasons. I had a plane ticket to go and get her before all of this happened so its not like I didnt want to go and get her. Also the 6 month thing is only when the papers are filed and they were filed Feb 11th so even if she gets to that 6 months it will not matter.

Yes actually it will matter. Because she is LIVING there. And if she lives there for six months then jurisdiction is in that state.

 

[Youngmom]

No one is actually answering my original question!

Yes actually it will matter. Because she is LIVING there. And if she lives there for six months then jurisdiction is in that state.

The 6 months has to be before he filed. She is stuck there because of the case and I cannot take her out of the state. As soon as this gets dismissed I am flying out there and picking her up. I just want to know if there is any legal action I can take against my parents if they do not abide by my wishes of not having my daugher have unsupervised visits with her father.

 

[NotClueless]

Is there anyone else in California with whom you can place the child?

 

[Youngmom]

Yes my friend and her parents...they are pretty much like her grandparents. The only thing I am concerned about is that my daughter has been through alot in the last few months and I dont want her to go through another big change expecially if I cannot be there to explain things to her. I also dont think that will look good to the courts if this does go that far.

Is there anything else I can do?

 

[NotClueless]

If it were me, I would have my hiney in California getting an attorney to file the motions to dismiss (failure to have jurisdiction) and then get my hiney back OUT of California.

And NO, I wouldn't stay with my parents either.

 

[Ohiogal]

No one is actually answering my original question!



The 6 months has to be before he filed. She is stuck there because of the case and I cannot take her out of the state. As soon as this gets dismissed I am flying out there and picking her up. I just want to know if there is any legal action I can take against my parents if they do not abide by my wishes of not having my daugher have unsupervised visits with her father.

And the point is, if this gets dismissed and the child has at the time of dismissal been there six months dad can IMMEDIATELY refile and CA WILL have jurisdiction. So why are you screwing around?

 

[Youngmom]

I understand all of that but I just want to know if I can do anything legally regarding my parents?!?!

I have already printed out the papers to file a motion of dismissal I just need to mail them in, which I plan on doing tomorrow. I work and cannot leave the state for an extended period of time so that is the only reason I am not in CA with my daughter right now. Like I said, as soon as I get anything stating that the case has been dismissed I am flying out there to go get her and bring her back and no I will not be staying with my parents!

 

[NotClueless]

Legally, all you can do is have your daughter stay with someone different because there isn't a court order that says Gma, Gpa - keep child away from this person.