Where to file for emergency custody?

Seeking Legal Advice Forum
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Hello, I need advice on our next steps.

My husband is deployed, and his son’s mom, who has primary custody, lives in Alabama but has left the 7-year-old with my husband’s mom in Maryland. The child has been with grandma for the past two school years and spends summers with us, as per the custody order.

We want to pursue more custody, ideally primary, but anything more than what we have now would be great. Given that the mom has effectively abandoned the child, we believe this might be grounds for an emergency custody change.

We’re currently in CA, and my husband will return from deployment soon. Should we find a lawyer in CA or Alabama? The original custody order was in Alabama, but the child hasn’t lived there since he was 2.5 years old. He’s been between our home and grandma’s in MD.

The mom will likely demand the child back, even though she rarely picks him up, doesn’t care for him, and is often MIA. We’re also gathering evidence of her substance abuse through a PI.

Any advice would be appreciated!

Thanks!

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My dear, it is important to note that jurisdiction was transferred to California because the child had been there for 6 months. What you need to do is to file for a change of jurisdiction and thereafter you can file in California to have custody modified. The mother will then have to appear in California for the hearing, although the court might allow her to appear remotely via Zoom.

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In my opinion, you would need to file a modification of custody motion in Family Court. If there is continuous harm to the children, the judge may issue a temporary custody order awaiting the result of the trial.

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To establish jurisdiction, you might have to register the original custody arrangement in your state through the filing of a foreign decree. Seek legal advice without a doubt.