court gave her custody but this is what's happening .

[frankiej1983]

ok so in march 2009 we had our court dates and the court decided that it was best for my baby girl to stay with mom, she they grant her legal n physical custody , i got visitations well a month after the visitations started she failed to follow them and i put a police report of the actions done after two weeks of her not doing what the court had us agreed to she went and took off a restraining order that she had done against me which this was the reason custody issues came into play,well and of course my rights to visitations went away with it (i  think) well she disappeared for 4 months  i found out where they were living so i ask to see my daughter , i go and pick her up and it was all good cause i had my baby again till she starts to tell me everything (she's 5) that her mom doesn't live with her n that she moved to Kentucky to live with her new boyfriend and she had only taken her other daughter , so my question is does that mean that i get custody automatically cause she moved out of state ? cause my daughter is a burden to her new life, i felt so helpless when my baby cried for me not to take her back to her grandmamas home but i don't know where i stand in this on monday i'm going to court and ask but not sure where to go from here can i run a background check on her to be able to prove that she moved or is custody voided cause she revoked the restraining order she had requested based on lies ? any advice or info will be greatly appreciated , thanks in advance !
i live in california by the way

[MixedBag]

Since you're still in CA, file there and ask for primary custody based on her moving and not telling you, withholding the child and hiding her for XXX period of time,  AND that she revoked the previous restraining order.

Custody is not automatic.

[Davy]

The way I read this post the mother has (1) ABANDONED the child in California where the (2) father continues to reside and the (3) father is the only parent or someone acting as a parent present in the child's life with custodial rights.  In addition, like has been posted, (4) the mother has hid the child and (5) denied the father court-ordered access to the child.

In consideration that the mother, unless otherwise ordered,  does not have any legal responsibiltiy to inform the court of her residency (only the child) she can relocate anywhere she so desires (so do not complain about that or the boyfriend).   

The bigger concern, based on the history of the mother's behavior, is that  (6) the child is at high risk of being wisked away to parts unknown away from the other parent and the only court of legimate jurisdiction (ie Ca) to make custody decisions concerning the child and thereby defeating the child's right to have a relationship with the father and visa versa.

I think the father should file an ex-parte (without notice) emergency motion for temporary custody based on the above (1) thru (6) while otherwise focusing on the well-being of the child highlighting why the child should be in the custody of a parent (him) ... which is pretty much a given especially since the other parent is not present to provide contradictory/conflicting testimony.