I let my 9yr. old daughter go visit her dad in San Diego, Ca. in January 2012 we had a verbal agreement that she was to return at the end of the school year during June 2012. I bought my daughter a plane ticket to return June 24, 2012 and her father told me she won't be coming back that he has filed child custody for her. I am devastated and want to know what I have to do about getting my daughter back to me. The father will not let me know of any court dates I have and I have not received any court papers in the mail. I don't want to miss a court date in California and I want to know how I go about as to finding out about a court date. I live in Chicago, Il. and he filed in the state of California. I'm not sure what it is he is trying to do and I need more info..
State/Country relating to question: Illinois
I spoke with a lawyer named XXXXXXX XXXX and he was no help. He told me to find my divorce papers and see who has custody of my child. I know I have custody of my daughter. I called the police in California to see what they can do. They told me they can only escort me to his house but he has to be willing to give me my child. I called child services and they told me to get an attorney. I just don't want it to be too late and I miss a court date.
What he did was to get the child for 6 months living with him and then under the uniform reciprocal custody act will try and establish jurisdiction where he is. That can now happen as the act will give jurisdiction for custody if the parent and child has lived there together for 6 months or more. You though want to start an action where you are and because he has tried to gain jurisdiction through deceit, and trickery, you need to try and petition the courts where you are to not allow his state to take jurisdiction under the act because the child is not there legally. Any court dates you have to get noticed for, there is no way any changes can be made there with your daughter without notice to you. I would call the court house in the county where he resides and ask if there are any dates on the family calendar, under your name. The best thing for you to do is get an attorney asap, speak to one first where you are and then you might need one in Calif. This now has gotten not easy for you to handle, as the issue now is jurisdiction under the uniform reciprocal custody act, and good counsel would help quite allot. I think if you handle this asap that you are the one with the correct legal position and should prevail. Sincerely, steve
I appreciate everything you have helped me with thank you
Dear Sir, I am happy you are pleased. If so please give me a good rating so I can get credit for this question. Sincerely, Steve
30 years helping those with Family legal needs
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