How can I get custody of my children that are living homeless with their father? He has temporary custody, but has not job or income. They are staying from hotel to friends home. I have a stable environment for them. Their dad does not want to give them up because I moved out of the area two years ago. I still visit my children every other weekend and or fly them here with me.
Child Custody Lawyer
You have not described where you fly the children from/to. Are these all within CA, or do the kids live elsewhere. Under the Uniform Child Custody Jurisdiction Enforcement Act, most states have adopted laws that are very similar. They describe where you would file your motion for custody. If there is already a court order, then you should go to that court seeking to change the custody. If there is not a court order, it should be in the county where your children are living. I am only licensed to practice in CA, so I cannot speak to what the rules may be. I think more information would be needed from you. You should contact an attorney and bring with you any legal documents you have related to the children. That will help the attorney give you specific advice on your situation. This general information should not be considered advice and does not form an attorney client relationship. Good luck.
Family Law Attorney
When the children are next with you, don't send them back. File for an emergency order in Sacramento Famnily Law court seeking an emergency protective order. The Uniform Child Custody Jurisdiction and Enforcement Act allows for a situation just like you described. You might also want to file a report with Child Protective Services when the children are with you. One caution: You better have your facts straight.