Noncustodial parent with child in custody of the state

This is a discussion on Noncustodial parent with child in custody of the state within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I have just recieved notice that my daughter is in custody of the state of California while under the care ...

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Old Oct 31st, 2010, 02:19 AM   #1
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Default Noncustodial parent with child in custody of the state

I have just recieved notice that my daughter is in custody of the state of California while under the care of her mother. I am the noncustodial parent and I live in another state. How do I get custody of her and take her back home with me?
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Old Oct 31st, 2010, 02:36 AM   #2
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Default Re: Noncustodial parent with child in custody of the state

I wish to inform you that you may apply to court for taking custody of the child. The court considers the best interest of the child as the main consideration. In this regard, you will have to show that you are in a position to take care of the child and that it is in the best interest of the child that child is given in your custody. Further, the court which issued the child support order has continuing jurisdiction in the matter. However, if the parents and the child have moved out then the the court where child is resident will have jurisdiction.

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Old Oct 31st, 2010, 02:42 AM   #3
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Default Re: Noncustodial parent with child in custody of the state

She has a court date set for next week, what do I need to bring with me? I do not know the entire details of the situation, I wasn't able to reach her or her mother since the beginning of the month and just found out through the mail about the situation. I have no one to contact because it is the weekend, but I have heard that my daughter is in foster care. Is there a way I can find out the details now?
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Old Nov 1st, 2010, 08:06 PM   #4
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Default Re: Noncustodial parent with child in custody of the state

I have been through this whole ordeal. Welcome to what they call an ICPC case. google the rules between the two states and tell the state that you are in, go to the CPS location and tell them what is going on and have them start the paperwork for an ICPC case. You will have to fill out extensive paperwork and you will need an attorney in the state where you child is at.

They will ask you for all info about you and whomever you live with and you have to do a bunch of different background checks but if you follow protocol, then they should release the kids to you temporarily until the case begins. Then you should file for full custody!! Good luck!! It is stressful but worth it!!
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