I would like to know what forms to fill out to get the custody of my daughter. The court the case is in is the long beach court house in California. I live in Texas with my daughter over a year ago. Her mother abandoned her since she was a baby 17months. I left and my mother was so upset she contacted my daughter mother and said I had kidnapped my own daughter. There were no orders or case at this time. June 2009. My mother colaborated a declaration to petitioner my daughters mother to take my daughter away from me so the judge ruled to give my daughter to petitioner. Soon as petitioner got custody of my daughter she handed her to my mom ever since. So my daughter lives with my mom and my daughter is six and she cries she's not happy there. So I would like to know what to or what forms to filled out.

To change the custody. I moved back to California to try to get my daughter back I was her sole provider and my own mother said I abandoned and neglected my daughter now I have prove to show those were all lies

Why did you not appear in court and fight the custdoy when the babies mother applied for custdoy ?

Why did you not file for custody when you took the child ?

I was living in Texas when she put in the petiotion and I hired an attorney. But she didn't do much and since I was in Texas the judge said it was not necessary for me to go because I had just been hired by the Texas correction facility as a prison guard I was in training

I did not file for custody because her mother in feb 4 2007 accompanied me to a notary public and signed a power of attorney where she gave me all the right to my daughter to me

This is confusing. You need to clarify several points. You stated that the mother left the child in your care when she was 17 months old. You then moved to Texas and was living there for over a year. At which point your mother got someone (petitioner? ) to apply for custody in CA. Based on your mother's declaration (at least partially) a CA judge awarded custody to this petitioner, who then gave the child to your mother.

You have now moved back to CA and are trying to regain custody.

If this is the case, I see several points. First, since you had lived in TX for over a year, CA probably didn't have jurisdiction. You can appeal the court ruling on that point. Second, Unless your mother was awarded custody, she has no legal right to care for the child, only the petitioner has that right. If you can prove your daughter does not live with the petitioner, you may be able to have the custody decision overturned as a matter of fraud.

Or you can simply seek to have custody awarded to you as the girl's natural father.

IN any case, you need an attorney to unravel this mess.

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Originally Posted by nestolizarragajr

i did not file for custody because her mother in feb 4 2007 accompanied me to a notary public and signed a power of attorney where she gave me all the right to my daughter to me

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You should have filed for custody. Such a POA has very little force of law. As the bio and legal father you had an equal right to take care of the child. You didn't need any paperwork to give you any rights.

The petitioner is the biological mother of my daughter my mother looked for her to place in the paperwork for her. My mother does not have custody but my daughter since the court granted the custody to petitioner my mother has had my daugter for over a year can I still get her back

OK. We need a timeline to follow this if you would so we can advice you as to how you might be able to proceed.

1) when did the initial change in custody take place?

2) how long after that was something filed in the California courts and where was the child living at the time?

3) how long ago was custody changed by the courts and did you have a DNA test at that time also having the courts set child support?

If the mother was living in CA continuously, then CA would have jurisdiction so that part is out. However, if you can prove that your daughter is not living with the custodial parent, that will help.

Whether you can get her back, we can't predict. But, if you can show what I indicated, there is a good chance.

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Originally Posted by califdadof3

ok. We need a timeline to follow this if you would so we can advice you as to how you might be able to proceed.

1) when did the initial change in custody take place?

2) how long after that was something filed in the California courts and where was the child living at the time?

3) how long ago was custody changed by the courts and did you have a DNA test at that time also having the courts set child support?

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OK timeline here we go: mother(petitioner) left my daugther since July 0f 2005
In my care. I am the father. In May of 2009 I moved to Texas with my daughter and fiancé and bio sibling. My mother contacted petitioner and told I left to Texas and that she wanted my daugther because she did not want my fiancé to be her step-mother. So petitioner filed paperwork in California and went to the police station. June 16, 2009.I fax over a power of attorney to the police station were it stated petitioner had given me full custody and parental rights. So the detective drop the case when he saw the power of attorney plus in addition I let him know that petitioner had abandoned our daughter. My mother was so upset she accompanied petitioner to court on July 7, 2009 and the judge ordered my daughter to be returned to petitioner July 25, 2009. July 30, 2009 there was another hearing were my mother said that I as well had abandoned my daughter and my sister and brother colaborated to her lie. December 2009 I moved back from Texas and filed paperwork. I attended mediation and petitioner told me that she was going to start taking care of our daughter but she lied. She left my daughter to my mothers care. So I want her custody and I have all the evidence that I never abandoned our daughter petitioner still has no interest she has the custody and only sees my daughter 2-3 month and stating to the court order I can see her only every other weekend my daughter is unhappy leaving with her grandma my mom

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Originally Posted by ScottGem

If the mother was living in CA continuously, then CA would have jurisdiction so that part is out. However, if you can prove that your daughter is not living with the custodial parent, that will help.

Whether you can get her back, we can't predict. But, if you can show what I indicated, there is a good chance.

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What I would like to know is what kind of papers do I need to submitt so I can talk to the judge and show him that everything was a lie my mother lied so they can separate me from my daughter because my mother doesn't like my fiancé and now I have two children with her.

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Originally Posted by Fr_Chuck

why did you not appear in court and fight the custdoy when the babies mother applied for custdoy ?

Why did you not file for custody when you took the child ?

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Because the mother left her since she was 18 months to my care and I had live in Georgia for 3 months and she did not care
In addition she sign a power of attorney stating that she gave up her parental rights to me

Then file and state your circumstances. Can you prove that the child has been living with your mother and not the bio mother? Be sure you can before making any statements in court documents. Also you may at this point want to get a parental evaluation going. That should help clear up the lies too. They aren't cheap but cheaper then drawn out court battles.

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Originally Posted by nestolizarragajr

what i would like to know is what kind of papers do i need to submitt so i can talk to the judge and show him that everything was a lie my mother lied so they can separate me from my daughter because my mother dosent like my fiance and now i have two children with her.

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Your filing for a change in custody.

California Courts: Self-Help Center: Families & Children: Child, Spousal, & Partner Support

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Originally Posted by califdadof3

Your filing for a change in custody.

California Courts: Self-Help Center: Families & Children: Child, Spousal, & Partner Support

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Yes I am . How do I get an evualator how do I do that?

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Originally Posted by nestolizarragajr

yes i am . How do i get an evualator how do i do that?

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Yes I am filling for a change in custody and I would like to know which one are the forms

Read the site that CalifDad linked you to. It should give you what you need for a filing.

Did you not have someone represent you at the hearing? I really find it hard to believe that a judge turned custody over to the mother if you could prove the child was living with you and the mother had made no move for several years.

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Originally Posted by ScottGem

Read the site that CalifDad linked you to. It should give you what you need for a filing.

Did you not have someone represent you at the hearing? I really find it hard to beleive that a judge turned custody over to the mother if you could prove the child was living with you and the mother had made no move for several years.

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The problems was my own mother and brother were mad at me and made declarations stating that I did also never cared for my daughter so I have spend the last six months gathering papework to go to court and see the judge I went to court again by they want me to go to mediation and I went already. My child's mother wants to keep custody of my daughter so she can keep living with my mother and I don't approve of this

We hear lots of stories like this. And it really strains credibility to believe that people can lie before a court when there is evidence that contradicts them and the court just goes along. In my experience courts value facts and truth over uncorroborated testimony. Add that to the fact that we often hear only one side of things and I have to wonder whether we are getting the full story.

That being said, you need to go along with whatever the court tells you to do. You dot every I and cross every t that the judge orders. If the judge says stand on your head, then you do it!