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LegalKnowledge, Attorney
Category: Legal
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Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I have a question in family law i was divorced 10 yrs ago

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JA: Hello. How can we be of help?
Customer: i have a question in family law i was divorced 10 yrs ago and in my divorce i was granted joint custody of my children with two of my daughters iving with me i moved to tx and while i was trying to adjust my daughter trinitty went to stay with her dad in california my daughter is now almost 17 and want to ive with me but my husband wil not et her come. they recently had child protective service get involved due to an issue with abuse. i need to know what i can do to have my daughter come live with me
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: they r in california im in tx
JA: Has anything been filed or reported?
Customer: no all i have is the orginal paperwork with the original judgement
JA: Anything else you want the lawyer to know before I connect you?
Customer: we have other children but trinitty is the one who is struggling in that envirnment and CPS got involved because he hit her with a belt. i am concerned because i know how abusive he can be which is why i left him.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

How long has the child lived with the father in CA?

Customer: replied 6 months ago.
Since 2008 I have only had communication with her for the past two years and she just recently explained she wants to live with me

Thank you. The court order that is in place at this time, will still control. By that, I mean that if you were awarded custody of the children and now want her back, you can demand and continue to exercise that right. Of course the dad is going to argue that he has had the child for the past 8+ years and it is in her best interest to stay with him but right now, you have a court order that says she is to be in your possession and if he fails to return her, you could take action and seek to hold him in contempt of court for violating the court order and go so far as call the police, to try and step in, since you have an order and there were allegations of abuse.

Customer: replied 6 months ago.
it's joint custody but living arrangements says she would be with me so that is the same thing?

Yes, it would. If she is required and it was ordered she live with you, she needs to be returned. If the father wants her, he would need to file a motion to modify this.

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Customer: replied 6 months ago.
I communicated with u In regards ***** ***** daughter and custody issues and I came to pick her up and the sheriff said it was at his discretion and that he was a father. And he would not enforce the court order