Sole Physical Custody Process

Summary

Clark is seeking sole physical custody of his daughter, who resides in California. Both states follow the UCCJEA, meaning the childs home state usually has jurisdiction. Given the mothers drug use and involvement of child protective services, Clark should document all incidents and consider filing for an emergency custody order in Butte County, California. If attorney fees are unaffordable, he can explore legal aid services, fee waivers, or pro bono legal assistance.

Full Conversation

I’m trying to get sole physical custody of my daughter who currently is living in another state with the mother.
Hello ****, could you please provide me with both your current state of residence and the state where your daughter is living? This will help me give you more accurate information.
I’m in Idaho state and she is in Butte County in California
Hello ****,
Given your situation, here are a few general points about custody laws:
- Idaho and California both adhere to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
- The child's 'home state' (where they lived for at least 6 months) often has jurisdiction.
- You'll likely need to file a petition in California, Butte County, where your child currently resides.
It's advisable to consult with a family law attorney for detailed guidance.
Even though the mother is currently doing drugs?
Hello ****, if the mother's drug use is endangering your child, you can request an emergency custody order. You'll need to provide evidence of this in court. It's crucial to involve local law enforcement and child protective services in California, if necessary.
Well child protective services are already involved and so are law enforcement due to the mother not following the court orders
Hello ****,
That's a serious situation. You may want to consider:
- Documenting all incidents and interactions.
- Gathering evidence, such as police reports or Child Protective Services records.
- Contacting a family law attorney in Butte County, California, for further advice and action.
Remember, the child's safety is paramount.
I’ve got evidence and all the messages saved
That's good, ****. Proper documentation can strengthen your case. Have you considered filing for an emergency custody order in Butte County, California? It might be beneficial to speak to a family law attorney there.
I’ve been working with an attorney but he wants $* to file the emergency custody and I can’t afford that.
Hello ****, if the attorney's fees are too high, you might want to consider:
- Seeking legal aid services in Butte County, California.
- Contacting the court clerk about fee waivers or installment plans.
- Looking for pro bono (free) legal services.
Remember, your child's welfare is the priority.