Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Custody/ Criminal law question re: Interstate Jurisdiction…

Customer Question
Custody/ Criminal law question re...
Custody/ Criminal law question re: Interstate Jurisdiction
Ive raised my daughter as a single parent since birth. Born in GA. Father has DV history . Moved to CA for safety and support in 2012. Child was 2 so lived in GA for 2 years total) Father alleged interference for visits lies and judge recklessly ripped custody from me to father ordering me to bring child back to GA. Father immediately volunteered custody back to me 1 day later( plot to avoid child support). Raised child 5 years thereafter in CA with family and happy. No DV issues or court. in 2016 visited GA with child and attempted to return to ca. Father threatened to take child. Stayed under duress. 5 month later fled to CA after emotional abuse by father reignited. Father threatened in writing to file kidnapping if she was not returned after her first day of school in Jan 2017..in fear and still duress I returned. that night He kidnapped her from hotel at 3am in retaliation. filing a modification of custody based on him volunteering it and my raising her asking to go back hm to CA. Since then courts have taken her from me, commited horrific fraud in family court, unjustifiable acts with no merit or laws and evidence of father continuing emotional/ physical abuse. child is now isolated to prevent me to see her violating our constitutional and civil rights wwith no founded harm unfitness or neglect on my end. Judge never made ruling on father volunteering custody or followed due process to evaluate childs best interest or closeness. We were only in GA 5 mos prior to my motion filed in GA. As I understand it ( which I didn't know) California in fact could still have jurisdiction over our case. This is the only time we have had peace as evidence of our history. I am in fear for my childs life and no one is listening to her or I and her mental and physical health have been violated with EVIDENCE. Our bond has been broken as well and he is isolating her , neglected her medical care,no friends in GA and she has been bullied at an F rated school hes chosen. where non of these issues existed in my care and lived far away from each other. How can I get CA to take over and help us under the Uniform Interstate Family Support Act or similar. I want GA to surrender and vacate this fraudulent order and California to demand jurisdiction as well have fallen victim to GAs systematic abuse and we were forced here against our will.
Submitted: 8 months ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 2 hours by:
12/11/2017
Criminal Lawyer: PhillipsEsq, Attorney-at-Law replied 8 months ago
PhillipsEsq
PhillipsEsq, Attorney-at-Law
Category: Criminal Law
Satisfied Customers: 22,734
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Ask Your Own Criminal Law Question
Criminal Lawyer: PhillipsEsq, Attorney-at-Law replied 8 months ago

I am sorry to read about your difficulties.

You need to register the GA Order at the Superior Court in the County where you resided with the child in California. If the Court accepts your application for registration, for domestication of the Order under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), then you can file Motion for Modification of the Custody Order and ask the Court to give custody and also order the father to pay Child Support. Click here for Registration form.

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

Ask Your Own Criminal Law Question
Customer reply replied 8 months ago
Glad to know! As far as currently... with essentially all of my parental rights terminated I haven’t seen my child in 60 days nor been allowed to talk to her. The 6 minute call I had with her a few days ago she showed memory loss! Is there any way to make the ga courts void this order immediately? This ruling was total fraud and speculation stated “ reason to believe mother is telling child she is sick and or abused by father” as “the change of circumstance” for custody modification when I clearly filed it based on an emergency and that he volunteered her to me. No ruling or even addressing my initial motion 10 months earlier.
Would he be charged criminally here or in CA? ( Father is a resident of GA ) this law I found under 18 u.s. code 2261 -Interstate domestic violence listed as a criminal offense. I also have a video of him kidnapping her when we arrived back to ga) broke into my hotel and snatched her at 3 am as she kicked and screamed for me)
Criminal Lawyer: PhillipsEsq, Attorney-at-Law replied 8 months ago

Thank you for the information.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

Ask Your Own Criminal Law Question
Criminal Lawyer: PhillipsEsq, Attorney-at-Law replied 8 months ago

Glad to know! As far as currently... with essentially all of my parental rights terminated I haven’t seen my child in 60 days nor been allowed to talk to her. The 6 minute call I had with her a few days ago she showed memory loss! Is there any way to make the ga courts void this order immediately? This ruling was total fraud and speculation stated “ reason to believe mother is telling child she is sick and or abused by father” as “the change of circumstance” for custody modification when I clearly filed it based on an emergency and that he volunteered her to me. No ruling or even addressing my initial motion 10 months earlier.

Response 1: You can file Emergency Motion and request that you be granted immediate Custody because the child is danger.

You should also contact GA child protection service and file child abuse complaint.

Would he be charged criminally here or in CA? ( Father is a resident of GA ) this law I found under 18 u.s. code 2261 -Interstate domestic violence listed as a criminal offense. I also have a video of him kidnapping her when we arrived back to ga) broke into my hotel and snatched her at 3 am as she kicked and screamed for me)

Response 2: I do not know whether he would be charged for crimes in California since he does not reside in California. You may want to contact GA prosecutor's office with your concerns regarding kidnapping and domestic violence.

Ask Your Own Criminal Law Question
Customer reply replied 8 months ago
Unfortunately the family court and cps have both enabled the abuse. I was denied a protective or WITH evidence by the judge and cps covered their own tracks with failing to protect her because “ father has custody”staying “ the goal is to keep the family together” even though he’s never spent time with her . Horrible. I read about a demand for proof of jurisdiction in order to vacate the order. They don’t ( ga)have ‘subject matter jurisdiction’ from what I read. I guess what I’m asking is can CA or the interstate dept demand emergency release of my child due to unjustifiable conduct by the state? I have tons of evidence but telling the violators the are in violation seems counter productive. This state is literally enabling the abuse by enforcing an order to isolate her and lesson risk of detecting the abuse. She was abducted in Jan and offesenses still apply now but worse. I know consideration is to do with DV and where it will likely cease. Info is appreciated
Criminal Lawyer: PhillipsEsq, Attorney-at-Law replied 8 months ago

I am sorry to read that CPS is part of the problem.

Your Question:

I guess what I’m asking is can CA or the interstate dept demand emergency release of my child due to unjustifiable conduct by the state?

Response: The only way California can assume Jurisdiction of the case and send a demand to another Court to release jurisdiction is if California accepts your application for Registration of Foreign Decree. So, you have to start by filing application to register the GA Order in California.

Best wishes,

Ask Your Own Criminal Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask PhillipsEsq Your Own Question
PhillipsEsq
PhillipsEsq
PhillipsEsq, Attorney-at-Law
Category: Criminal Law
Satisfied Customers: 22,734
22,734 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

PhillipsEsq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,248 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,181 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

2,016 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,750 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,640 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

Barrister

Barrister

Criminal Defense Law

1,266 satisfied customers

17 years practicing criminal defense.

< Previous | Next >

Related Criminal Law Questions
Is making a two year old stay in her room all day because
Is making a two year old stay in her room all day because she dumped out shampoo considered child abuse? … read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
559 satisfied customers
5-29-18, trial date. Asked visiting judge for permission to
5-29-18, trial date. Asked visiting judge for permission to allow my investigator to interview 14 yr old complainant. A.D.A. said child does not want to be interviewed. I then said child handed my inv… read more
Ray
Ray
Lawyer
Doctoral Degree
33,756 satisfied customers
I live in MN. My fiancee's exwife is in jail right now for
I live in MN. My fiancee's exwife is in jail right now for 2nd degree burglary and 5th degree assault. The altercation involved her trying to take the children without his consent. They currently have… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,232 satisfied customers
Im a resident of Georgia my sons father in Florida who has
Im a resident of Georgia my sons father in Florida who has not on the birth certificate for several reasons came into ga from florida and without my knowledge took our son to Florida. He has no court … read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
my daughter is in emotionally abusive relationship her boy
my daughter is in emotionally abusive relationship her boy friend and father of two of her children always acuses her of cheating she swears she is not she dosent have time she has to work alot to sup… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,940 satisfied customers
If a person is given permission by the father of a child to travel to
If a person is given permission by the father of a child to travel to another country to visit the child's mother and during the trip, the mother files for custody of the child in the visiting country… read more
S. Huband, Esq.
S. Huband, Esq.
Attorney
Doctoral Degree
1,621 satisfied customers
I hope a CRIMINAL attorney will help me. Here are my questions:I
I hope a CRIMINAL attorney will help me. Here are my questions: I understand that Domestic violence is indeed acceptable (with 0 TOLLERANCE), and It can rise to be a CRIME. But, there are COPY CATS; a… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
Hi, Im a victim advocate with a question about an adult clients
Hi, I'm a victim advocate with a question about an adult client's case, call her Daria. The following occurred the day after Daria told her abusive husband she was going to leave him. There is convinc… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
My ex-wife filed a report claiming I was sexually abusing our
My ex-wife filed a report claiming I was sexually abusing our 14 year old daughter. My ex did so, IMO, to force me to allow our daughter to leave the state and live with my ex in another state 400 mil… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,248 satisfied customers
I flew my girlfriend and son(4mnths old) to nc to visit family
I flew my girlfriend and son(4mnths old) to nc to visit family and her other kids and she refused to return because I "called her a name" and refuses tocome back or let me come see my our son or commu… read more
AttorneyTom
AttorneyTom
Attorney at Law
Juris Doctor, BSBA
1 satisfied customers
What is the statute of limitations for parental abduction in
What is the statute of limitations for parental abduction in California? If the abduction took place in 1987 and the children returned to the biological mother in 1992, is the father still subject to … read more
LawTalk
LawTalk
Lawyer
Juris Doctor
1,815 satisfied customers
My step son was charged with Aggravated battery 784.045(1)(B)
My step son was charged with Aggravated battery 784.045(1)(B) ["offender knew or should have known that the victim was pregnant."] against his girlfriend while living together (no children were presen… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,947 satisfied customers
my friend has a protective order against herr so she cant
my friend has a protective order against herr so she can't take her son, In Utah. The father is making up lies and playing the victim so he has the court on his side right now. She has been her son's … read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
How do I press kidnapping charges against someone, who committed
How do I press kidnapping charges against someone, who committed the crime six years ago? The FBI won't get involved, because we caught them before they were able to cross state lines. The local polic… read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
my step father is being charged with inappropriate conduct
my step father is being charged with inappropriate conduct with mine and my sisters children. We have reason to believe that he is guilty but doesn't remember his conduct. I have been charged with neg… read more
Counselor
Counselor
Doctoral Degree
630 satisfied customers
21 year old female has 15 year old boyfriend. On 3-4 occasions
21 year old female has 15 year old boyfriend. On 3-4 occasions while kissing the male attempts sex aganst her will. She says no and pushes him off. Male stops. Male confides to church youth camp couns… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
4 months into a RI divorce proceeding, kids 7yo,8yo.
4 months into a RI divorce proceeding, kids 7yo,8yo. Husb. is an Orthopaedic Surgeon, owes IRS 398k, state 90k, landlord 140k, IRS liens on my solely owned million home. 1 month Unpaid child support. … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
I am an elder of a church. As such, one of our member ...
I am an elder of a church. As such, one of our member families came to confide in me that their 13 year-old daughter had been impregnated by a 19 year-old boy. She had been running away to be with him… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x