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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11823
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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If a legal custody document was never filed and the mother

Customer Question

If a legal custody document was never filed and the mother leaves a 6 year daughter with a non-relative, but actions does the biological father need to do to gain custody....I should mentions that the mother has been gone for over a month and went to jail in Missouri and left the daughter in Iowa
JA: Have you talked to a lawyer yet?
Customer: yes and It appears that the lawyer want $2500 before they will give any advice and the $2500 is hard to come up with....
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am contacting you on behalf of my brother, who doesn't have access to a computer during the day as he works out in the field.
Submitted: 8 months ago.
Category: Family Law
Expert:  Loren replied 8 months ago.

Thank you for using JustAnswer. I am Loren, a licensed attorney for over 30 yrs, and I look forward to assisting you.

Expert:  Loren replied 8 months ago.

Is your brother on the birth certificate? Why is the child not with him?

Customer: replied 8 months ago.
The mother and father broke up shortly after the birth of the child and the moved away from the area....she moved back but didn't notify the father that she was in the area...Father has since created a relations with the daughter, as a matter of fact he will be picking her up this afternoon for the weekend, for the person where the mother left the girl
Customer: replied 8 months ago.
basically you want a total of$95 for possible "advice"....I've already spend $36 for you to ask me questions, but no advice.....
Expert:  Loren replied 8 months ago.

Thank you for the additional information.

Without a formal custody and visitation order in place, either parent is legally allowed to travel and move with their child. Informal custody agreements are not enforceable in court until signed off as an order by a judge. However, to avoid accusations of kidnapping, it is strongly recommended that your brother file a petition to share custody and establish visitation. If the mother is in jail there is a good chance this can be done on an expedited basis.

The venue is whichever state the child is residing.

Expert:  Loren replied 8 months ago.

Please be patient as I prepare the answer. I am a 2 finger typist.

Expert:  Loren replied 8 months ago.

While it is technically legal, unless the child is in imminent danger, it is not recommended that your brother just show up and take her away right now without the court process.

Expert:  Loren replied 8 months ago.

It is strongly recommended that your brother retain legal counsel to represent in in court. There is no reason to have to learn as you go. There is no set fee. So, he should call around and not be afraid to negotiate.

If he needs assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.

Expert:  Loren replied 8 months ago.

Did you have further questions? I am happy to continue, if you do.

Have I answered your question.