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We have shared custody. She has physical custody and I have visitation rights. She is now not able to take care of our child.

You need to file a motion for modification of custody and visitation. If you truly believe this is an emergency and you have sufficient documentary evidence that shows an imminent risk to your child, you can apply for an emergency order, known as an Ex-Parte Application. Most cases can wait until the court can schedule a hearing on your case, which in most counties is about 6 weeks. You should file a Notice of Motion (FL-301) or an Order to Show Cause (FL-300) with an Application for Orders...

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Mother has baby in california father stays in chicago

The most important step is for you to get a court order for custody and visitation. You may do this in California if you and the child have resided in California for the last six months. If the child is less than six months old, home state jurisdiction is usually based on where the child was born. Once a court order is in place, you shouldn't have to worry about child abduction or tghe father keeping the child away from you, because the court order may be enforced and the local police...

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I filed an OSC modification in October, I recently moved back to CA from AZ over the summer, was there a timeframe to file here?

By your question is sounds like there are no court orders. It would be by far better for you to wait until you have resided in California for six months before filing. Technically, even though the children lived most of their lives in CA, if they lived the last year in AZ, AZ has become their home state. Home state of the child is defined as where the child last resided for at least six months at the time of the filing of the action. If you have already filed here in California and the...

Can or will a jugde compell a child to visit a parent?

A child is not a party to a divorce or parentage action, so a judge cannot order the child to do anything. Only the parents are parties, and the court can direct the parties to do certain things. In custody cases, the courts award each party certain visitation or custody rights. If a party interferes with the other parent's rights it could be considered a contempt of court. In situations involving teenagers, custody orders are sometimes hard to enforce, since many 15 year olds have a mind...