my ex-g/f abducted our son witch we both( living together) shared responsibilities for his caretaking. she has had cps cases in the past and third time is the last time. she claimed they would take him from us for good. i found out she was using drugs again in the home and caught her giving foodstamp card to drug dealer for drugs. i asked her to leave .this has been a continuous thing with her.she left and 4 days later missing in action went without my knowledge and removed him from my moms home almost by force leaving his belongings and endangering my son riding in a truck without a carseat 400 miles back to so.cal.now she has cps looking for her and has not contacted me and her whereabouts are still unknown. what can i/should i do to see my child is safe away from neglect and abuse?
Divorce / Separation Lawyer
First you should report this to the police. Second, you need to get into court and get an order of custody. You seem to have good grounds to request full custody. Once you have an emergency order giving you custody of your child, the police and other law enforcement can get involved in helping you to regain custody of your child. A permanent order can be sought after that.
It should go without saying that a lawyer can help you with this. Having a lawyer may be particularly important for you, as it seems that you reside in a different state than your child and interstate custody disputes can be difficult.
Finally, generally, the state where the child continuously resided last will have jurisdiction over the custody question UNLESS the child has been in the new state long enough to establish legally sufficient contacts with that state. For this reason alone, parents who are faced with the parental kidnapping of their children must act QUICKLY or risk losing the ability to deal with the matter in their home state and on their terms. Contact a lawyer.
Best of luck to you.
This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.
Family Law Attorney
For starters if CPS has taken jurisdiction over this child then they are in charge and you need to coordinate all efforts with them. If however, CPS is looking for her because of other children and not this child then you need to report this abduction to police. They will refer you to the District Attorney's Child Adbuction Investigation unit. From here you can work on a Petition to Establish Parental Relationship and get emergency orders granting you custody which the DA's abduction until will help you enforce by doing what they can to get law enforcement assistance to support you.
All of this process can be confusing and while the DA's office has attorneys they cannot do everything for you. It is best if you contact an attorney in Riverside since that is the court that covers the Perris area and have them help you through the Paternity process.
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