Father of my child won't giver her back

[Lgal]

The Father to my child and I was in California on his tour (he plays in a band) we got in a fight on the freeway after he pulled over and we got out to cool down he jumped back in the car, locked the door and drove off down the street with my 1 year old Daughter. He called the police and had me arrested and thrown in jail for public intox. We had partied the night before and I had alcohol on my breathe from the night before and they did not do a alcohol test. The police after hearing what happened told me that they never should have taken me in. My Boyfriend took my Daughter, my phone my clothes and I was left with nothing. I bailed out of jail and had to take a bus to my Sisters house in St George Utah for a safe place to stay as my boyfriend would not tell me where my Daughter was. His Mother was on tour with us and she was taking care of her but I had no idea where to go find her because I did not know if she was still on tour or back home at Grandmas house in Calif. Plus I had no car and no money. He is on the birth certificate and I have finally found out for sure that my Daughter is at the Grandma's house in Calif. and my Boyfriend is going to leave her there while he finishes up his tour and leaves for another tour for two weeks in Hi. What all do I have to have as far as documents and proof she is my Daughter to go get her from the Grandma's house now that I know for sure where she is. This started on Friday and today is Sunday so this happened 10 days ago. It has taken this long to establish where my Daughter was for sure because the Grandparents would not answer their phone until my Parents called the house. Do I need to file a temporary Custody order or a petition or motion for emergency child custody? I do not have her birth certificate and will probably have to order one through the internet or through a phone call as she was born in California and I had a friend go to my house in Utah and look for her birth certificate and it is missing from my house. I am so scared if I go to the house of the Grandparents to get her and if I do not have proper paperwork they can kick me off their property but I do not want to wait for very much longer because they will say I abandoned her. Like I said I just barley found out where she was for sure and I do not want to go there and not come back with her. I want to do this legally. My poor baby girl must be so confused. I am the sole care provider for her. We are together 24/7. Please can someone give me direction on how to bring my baby girl home back to Utah from California legally.

[vfielder]

So you where drunk, arguement got heated enough he pulled over and left you one the side of the road, then you got arrested for drunk in public. Not good. If he is on the birth certificate and there is no custody agreement thru the courts...he has the same parental rights as you. You can file for custody thru the courts but it sounds like you may have a hard road to travel because of why he took the child in the first place.

[Lgal]

No not drunk. Smelled of alcohol from the night before. Police said after hearing what happened that they never should have brought me in. Did not do alcohol test. Not what this is about. My question is..Do I need to file a temporary Custody order or a petition or motion for emergency child custody?

[vfielder]

So you went to jail because you smelled like alcohol? Sure you can file petition for custody, but a emergency custody order...sounds like the child is not in danger.