What should I do if my ex sentour daughter to another state to stay with her grandparents without my knowledge or consent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What should I do if my ex sentour daughter to another state to stay with her grandparents without my knowledge or consent?
Asked on February 9, 2012 under Family Law, California
Answers:
Jonathan Griffin / Griffin Law, PLLC
Answered 12 years ago | Contributor
You should file an action (or motion in the cause to modify custody if a court file dealing with custody already exists). If the grandparents seek to intervene you have a superior right to them with respect to custody of your child. Natural parents have a paramount right to the care, custody and control of their children unless they have engaged in conduct inconsistent with this paramount right. This is fact dependent.
As between you and your ex-spouse, the court will use a best interest of the child test. I don't know all the facts, but the court is certainly going to be interested in why your ex-spouse voluntarily relinquished her parental responsibilities.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It is hard to answer this question with out knowing more So I am going to state some general rules: one parent cn not interfere with the custodial or visitation rights of the other parent. Also, a parent can not take a child out of state with the intent not to return. Now, your agreement will also have a place in this answer so consult with it and with your attorney. Once you determine why she is there and if it is interference with you rights you will know how to proceed. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.