What is the name of your state? AZ
I am trying to help out a friend, I just want to make sure I am on the right path.
He has a 3 &1/2 month old daughter. Paternity has been established throu acknowlegdement of paternity, he is on the BC, and he pays court ordered cs. No custody orders had been filed for yet.
Two months ago the Mother left Az with the child. he could not find her anywhere, and her family was less than coopertive. Last week he found her but also found that she had dumped the child with her step-brother and his wife in california about a month ago. He got ahold of the step-bro and said he wanted his daughter back but, again, uncoopertive. Step-bro says he and his wife are going to adopt the baby as soon as the mothers legal time for abandonment is up. Whatever, fine they can think what they want.
Here is where I need your help. First thing I told him was that he needed to consult with an attorney. He is tribal and lives on the res., so he have to hard a time with finding one.
The res here has lawyers for the tribe members to use. Only problem is it will be 4-5 weeks before he can even get a consult.
I am thinking he should go down and file for emergency custody, since he knows mom is back in the state and knows where she is, etc.
But is that an option if the child is in CA? Does being tribal and living on the res, have any effect on what steps he should take??
He is trying to do the right thing and wants his daughter with him. He has a good job, a nice home and misssing his girl.
EDIT:::: ps, Would it be unwise to just go get the child from california?
I am trying to help out a friend, I just want to make sure I am on the right path.
He has a 3 &1/2 month old daughter. Paternity has been established throu acknowlegdement of paternity, he is on the BC, and he pays court ordered cs. No custody orders had been filed for yet.
Two months ago the Mother left Az with the child. he could not find her anywhere, and her family was less than coopertive. Last week he found her but also found that she had dumped the child with her step-brother and his wife in california about a month ago. He got ahold of the step-bro and said he wanted his daughter back but, again, uncoopertive. Step-bro says he and his wife are going to adopt the baby as soon as the mothers legal time for abandonment is up. Whatever, fine they can think what they want.
Here is where I need your help. First thing I told him was that he needed to consult with an attorney. He is tribal and lives on the res., so he have to hard a time with finding one.
The res here has lawyers for the tribe members to use. Only problem is it will be 4-5 weeks before he can even get a consult.
I am thinking he should go down and file for emergency custody, since he knows mom is back in the state and knows where she is, etc.
But is that an option if the child is in CA? Does being tribal and living on the res, have any effect on what steps he should take??
He is trying to do the right thing and wants his daughter with him. He has a good job, a nice home and misssing his girl.
EDIT:::: ps, Would it be unwise to just go get the child from california?
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