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FiveStarLaw
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36453
Experience:  25 years of experience helping people like you.
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My Granddaughter was has been left in Oregon by her father

Customer Question

My Granddaughter was has been left in Oregon by her father who does not want her, nor does he want her here in california. My granddaughter is with a grandmother in Oregon whom she does not want to be with she wants to be with me in California, what do I do
Submitted: 1 year ago.
Category: Family Law
Expert:  FiveStarLaw replied 1 year ago.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Hello,

How terrible! I will do whatever I can to answer your questions!

To assist me in answering your question, please tell me:
1. How old is your granddaughter?
2. What is the situation with the child's mother?
3. Is there any custody order or other court order in effect regarding your grandchild?
4. How long has she been in Oregon?


Thanks!
Customer: replied 1 year ago.

My granddaughter is 15. to be 16 in July, She lives in Oregon, has 50% custody but is not recogonized in Oregon until registered, Mother has no knowledge of how to do this, but wants me to have her daughter. My son still has 50% custody. If she comes here without legal papers he will come and take her from me. She has been there Since Nov. 2. 2012 to date

Expert:  FiveStarLaw replied 1 year ago.

Who has 50% custody?
Where was the last custody order filed?
Customer: replied 1 year ago.


both parents have 50% custody in california, but the mother lives in Oregon and does not recogonize california custody papers unless registered in Oregon and the mother does not know how to do anything and is afraid of her mother, the grandmother of my granddaughter.

Expert:  FiveStarLaw replied 1 year ago.

Thank you so much for your explanation.

The mother may file a petition for modification to the parenting plan granting you full custody. The petition for modification must be filed in California since the custody order was originally entered in California.

Here is the form required to be filed:
http://www.courts.ca.gov/documents/fl300.pdf

Based upon your granddaughter's age, your sons actions and the mother's preference,a court is likely to grant you custody.

I would be glad to respond to any related follow-up questions that you may have.
Customer: replied 1 year ago.

what if my son contests it even though he doesn't want her....he doesn't want me to have her.

Expert:  FiveStarLaw replied 1 year ago.

I assumed from the tone of your prior post that your son would contest it. However since your son has refused his parenting time and the mother's consent combined with the child's preference would typically be sufficient for the court to grant you custody

Of course, because of the nuanced details of the matter, I suggest that you retain a local attorney.
Here is a link to a free site that may assist you in locating competent legal counsel: www.Martindale.com
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36453
Experience: 25 years of experience helping people like you.
FiveStarLaw and 10 other Family Law Specialists are ready to help you
Expert:  FiveStarLaw replied 1 year ago.

Thank you very much for the "excellent service" rating and the bonus!

If I can be of assistance in the future, begin your question with: "For FiveStarLaw"

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