If I have joint custody of my daughter and she lives with her mother in another state but her mother just got jailed for her second DUI, can I go pick her up?

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If I have joint custody of my daughter and she lives with her mother in another state but her mother just got jailed for her second DUI, can I go pick her up?

Asked on January 4, 2013 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It really depends. Generally you would have to file a petition if your ex is the custodial parent.  Where is the child?  You are with out a doubt the other person in her life that has the right to do so.  If her mother is in jail I think that this is an emergency situation and you need to file an emergency petition to become the custodial parent.  Ask the court to release her to you and take her home.  Good luck.


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