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Ely
Ely, Counselor at Law
Category: Family Law
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To whom it may concern I live in New York and have a 2

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To whom it may concern

I live in New York and have a 2 year old daughter who lives in California with the mother. The mother and I were never married. We have been seperated for over 9 months now.
The mother has two teenage Children from a previous marriage, 14 and 18 years of age. Both children have recently contacted me and moved out of the house. They are concerned for there own safty and that of the 2 year old. Due to the mother excessive drinking, neglect of care, and emotionally unstable behavior. She has physically attacked them and thrown objects at them and myself. The two teenage children's father is persuing legal action to protect his daughters and gain full custody of them. They had shared 50 / 50 custody of the teenagers.
I have proposed to take care of our 2 year old for a month or as long as needed. Until which time the mother was back on her feet. Her response is over her dead body and she will have me arrested for kidnapping.
I have therefore not seen my daughter since we seperated.
We have no court orders in place. I currently send her over $1100.00 a month. This includes health care for the mother and our daughter.
What are my options?
Submitted: 3 years ago.
Category: Family Law
Expert:  Ely replied 3 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

I am sorry for your situation. While without court orders you technically have the right to take the child (as long as the mother is aware that you are doing so), if you do this, no doubt this will cause a scene and police being called out.

To avoid this and doing it properly, you have to file for child custody. The jurisdiction is in CA, so you'd need to have an attorney in CA do this for you, and fly down for the hearings or at least appear via telephone/video (let the attorney motion for this possibility).

The Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc. If you show that there are problems with her taking care of the child, the Court may move custody to you.

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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 89091
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 6 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Eli

 

What will happen to our daughter (2yr old) if the mother's first husband calls in C.P.S. and or the courts, and wins full custody of his two teenage children through a court order?

Will my daughter go to a foster home? Will I be able to get her back from the state if this happens?

 

Expert:  Ely replied 3 years ago.
Hello,

The first husband's petition will have no direct influence on your daughter's custody, since because she is not his, he cannot petition for her.

CPS may take her out of the home if they feel it is necessary, and if so, you can ask them to place her with you temporarily and then still petition to switch custody.

If she is not taken out, you may then also petition for temporary orders to have temporary custody while your petition is pending.

If he is successful in taking his children, obviously that Court's decision will have an argumentative bearing in your favor in your case.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.

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