Can a father get full custody of his child over a mentally ill mother who moved to another state? 9 Answers as of October 16, 2013

The father lives in California and will have to appear in court in Michigan regarding a case that the CPS took his child from the mother who was mentally ill. Although the father gives child support, the visitation rights was not discussed before in California before they moved out. The father visited the child once in a while because the mother is taking the child away from her father. The mother and child moved to Michigan one and a half year already. The mother is delusional and CPS took the child. Is there any way that the father can take full custody of the child and take her home to California? Thank you.

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The Goldberg Legal Group
The Goldberg Legal Group | David Goldberg
I believe it will depend on what the court in Michigan will do. At present it does not appear that the courts in California have jurisdiction.
Answer Applies to: California
Replied: 10/16/2013
LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
CPS should consider the father for placement. The father should have an attorney appointed for him. The father has to make sure he's involved and attends hearings etc. the fathers rights should trump a strangers for placement.
Answer Applies to: California
Replied: 10/15/2013
Hamblin Law Office | Sally Hamblin
If the child is a ward of the court under CPS, then he has to work with that agency to gain custody as well as the court. If not a ward of the court, then he can file for custody. He really needs the help of an attorney. CPS can be a very difficult agency to work with if the child is under their authority. Not sure where the child is now. Foster care?
Answer Applies to: Michigan
Replied: 10/15/2013
Steven Alpers | Steven Alpers
I do not know Michigan law, but I would think that you have to go there to get custody .
Answer Applies to: California
Replied: 10/15/2013
LAW OFFICE OF JON RATHJEN | JON LAURENCE RATHJEN
Contact a family law attorney in Michigan who deals with interstate custody cases ASAP to see about bringing an action there for custody.
Answer Applies to: California
Replied: 10/14/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You will need representation in California, which appears to have original jurisdiction, and Michigan for the CPS.
    Answer Applies to: Michigan
    Replied: 10/14/2013
    Law Offices of Jeffery L. Fanto
    Law Offices of Jeffery L. Fanto | Jeffery L. Fanto
    The father should be getting notice of the proceedings in the juvenile court regarding the actions of CPS. There may be a way to obtain custody but he should hire a Michigan attorney well versed in this area.
    Answer Applies to: Michigan
    Replied: 10/14/2013
    Mark A. Manning, PC. | Mark A. Manning
    Assuming there is CPS involvement, the Juvenile Court division of the family court is involved. He should immediately retain an attorney to represent his interests in his daughter's placement. As the biological father he has preference over a third party foster care person. However, because of the distance involved and the mother's location this may pose some challenges.
    Answer Applies to: Michigan
    Replied: 10/14/2013
    Law Offices of John F. Nicholson
    Law Offices of John F. Nicholson | John F. Nicholson
    Does the father have any legal, parental rights? This question and others are important. You need to consult an attorney and get some assistance. It is not likely that you can do this on your own and be successful.
    Answer Applies to: California
    Replied: 10/14/2013
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