My husband is deployed . His 7-year-old son’s mom has primary custody in Alabama but left him with my husband’s mom in Maryland for the past two school years. He spends summers with us.
We want more custody, ideally primary.
The mom abandoned the child with grandma, which could justify an emergency custody change.
We are in CA. Should I find a lawyer in CA or Alabama? The original custody order is from Alabama, but the child hasn’t lived there since he was 2.5.
Bio mom demands custody but doesn’t pick him up from grandma’s. She collects child support but doesn’t care for him, hardly calls, and is mostly MIA. She’s often under the influence of drugs. We’re hiring a PI to gather proof.
Potential Jurisdiction in California: Since the child has resided in Maryland and possibly California during summers for the past two years, California may now have jurisdiction over the custody case. This is advantageous as it allows you to file in your current state of residence. Seeking Legal Representation in California: It’s advisable to engage a family law attorney based in California. They will possess expertise in the state’s custody laws and procedural requirements.
Building Your Legal Case:
The evidence you have can significantly bolster your case:
Evidence of Abandonment: The biological mother’s lack of parenting involvement over two years, coupled with her apparent disinterest in the child’s daily life, could potentially constitute abandonment under California law. Child’s Best Interests: Argue that considering the child’s established life in California with your family and the mother’s minimal involvement, modifying custody to your husband (or possibly seeking joint custody) would be in the child’s best interests.
Gathering Evidence:
Importance of Documentation: While a private investigator can assist in gathering evidence, ensure you document all pertinent information:
School records reflecting the child’s residency in both Maryland and California
Communication records, if any, with the biological mother
Witness statements from individuals familiar with the situation Maintain a Positive Approach: Focus on factual evidence and refrain from engaging in any behavior that could be perceived as confrontational towards the biological mother.
Next Steps:
Consult with a Family Lawyer: Schedule a consultation with a qualified family lawyer in California to discuss your specific circumstances. They can provide guidance on the legal process, prospects for modifying custody arrangements, and the essential evidence needed to strengthen your case. Prioritize the Child’s Well-Being: Throughout this process, prioritize the emotional stability and well-being of the child.
While the original order is from Alabama, California might be the right court due to the child living there. Talk to a California lawyer specializing in interstate custody cases (CA & AL) They can advise on jurisdiction, emergency custody options based on abandonment, evidence gathering, and representing you in court. This is a complex situation, and a lawyer is best to navigate the legal side.
Is this an emergency? How is the child immediately affected? This has been happening for two years! Your husband has to go to court, so we have to wait until his deployment is finished. You are not involved in the custody case, so you cannot file anything.
. His 7-year-old son’s mom has primary custody in Alabama but left him with my husband’s mom in Maryland for the past two school years. He spends summers with us.