Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

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: 2 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 2 months ago
PhillipsEsq
PhillipsEsq, Attorney-at-Law
Category: Criminal Law
Satisfied Customers: 20,610
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 2 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 2 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 2 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 2 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 2 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 2 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?
Ask PhillipsEsq Your Own Question
PhillipsEsq
PhillipsEsq
PhillipsEsq, Attorney-at-Law
Category: Criminal Law
Satisfied Customers: 20,610
20,610 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

3,194 satisfied customers

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

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
My daughter was put in jail for domestic violence but the da
My daughter was put in jail for domestic violence but the da dropped it. Now, her ex boyfriend had a restraining order on her to see her son. He also, will not let her get her belongings out of the ap… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,332 satisfied customers
In NYS can a victim of domestic violence be compelled to
In NYS can a victim of domestic violence be compelled to take the stand if she does not want to testify? NYS Criminal lawyer please respond.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I got a domestic violence in n.y.c ongame me a gun license
I got a domestic violence in n.y.c on*****game me a gun license and the atf took my gun away because the case on 1998 that is 20 years ago I need my license back I am living in Leesburg Georgia I am a… read more
Zoey, JD
Zoey, JD
Doctoral Degree
183 satisfied customers
In 1999 was charged with simple domestic violence. Lost the
Anything else you want the lawyer to know before I connect you?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
183 satisfied customers
In a domestic violence case where the alleged victim
In a domestic violence case where the alleged victim discovered an injury weeks after the incident, does the prosecution have to prove that the injury was caused by the battery in order for it to be u… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,619 satisfied customers
Im fighting a f4 domestic violence and the victim went to
im fighting a f4 domestic violence and the victim went to new York and got married im in ohio don't I have a right to face my accuser for them to convict me … read more
Zoey, JD
Zoey, JD
Doctoral Degree
183 satisfied customers
I was convicted for domestic violence (felony CA) and my
I was convicted for domestic violence (felony CA) and my record was expunged. Can I own a firearm? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,198 satisfied customers
If my husband who was arrested for domestic violence, also
if my husband who was arrested for domestic violence , also has a record with the D.C.Y.F , plus a past domestic violence.. do any have a statue of limitations ? does the dcyf record of abuse towards … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My husband is in jail for domestic violence. What is the
My husband is in jail for domestic violence. What is the usual punishment in the state of California? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,619 satisfied customers
In a domestic violence case, can a DA prove beyond a
In a domestic violence case, can a DA prove beyond a reasonable doubt I, defendant, is guilty if there are no witnesses (none of our 2 kids saw or heard anything), police arrived after it happened, an… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,619 satisfied customers
I have a domestic violence charge against me. Jan 3. 9. Not
not really no one was hurt just a slight shove i have no criminal record… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,619 satisfied customers
If someone was charged 2 counts of battery domestic violence
if someone was charged 2 counts of battery domestic violence 25 years ago can he purchase a gun in the state of fla and and this was hisfirst time in trouble with the law and he serverd only probation… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
117 satisfied customers
My partner filed a domestic violence report but did not
My partner filed a domestic violence report but did not press charges , the police told her they would come looking for me, what should I do … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,839 satisfied customers
Was involved in a Domestic violence case with my wife.
Was involved in a Domestic violence case with my wife.Incident details: Had an argument and accident in the kitchen involving my wife, during which i accidently touched a hot pan her upper chest area … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was convicted of domestic violence in WA state in 2010.
I was convicted of domestic violence in WA state in 2010. Since then, I have moved to Virginia, and wish to purchase a muzzleloader/black powder rifle to hunt with. It is my understanding that Virgini… read more
Zoey, JD
Zoey, JD
Doctoral Degree
183 satisfied customers
What are the steps to drop a criminal (domestic violence)
Good afternoon, what are the steps to drop a criminal (domestic violence) case against my ex-boyfriend … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,198 satisfied customers
I was wondering if a domestic violence victim wants to drop
Hi good evening I was wondering if a domestic violence victim wants to drop charges can the state pick up the charges? … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,063 satisfied customers
My Son was arrested last night for a domestic violence
Hi, my Son was arrested last night for a domestic violence charge, we go to court tmrw, judge said if he plays guilty he can give him the minimum which is a class, and that would keep it off of his re… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,619 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