Legal Question in Family Law in California
I have 50/50 joint physical custody of my three boys. My ex has moved in a felon who was convicted of breaking and entering, and has violated his parole in the last 8 months for possesing an illegal knife. I cant keep them from being with her right now when its her week to have them but i dont want them there when i have them. I have to go out of town for work and is it legal for me to leave my kids with my parents for two days while i leave for work, or do i have to return them to there mother for the time being?
1 Answer from Attorneys
Whenever you have a custody dispute it is prudent to go back to the custody order to read what it says for these situations. Usually you need to follow the custody order until it is modified by a new order, unless there are emergency situations. If you need you can always file an emergency ex parte request to get emergency orders, however I don't believe this rises to the level of an emergency. You can always go to mediation to get it resolved.
For self represented individuals, you can always check out the family law facilitator in your local court house for self help. Additionally, please consult with a local attorney prior to taking any legal action.
Good luck,
Law Offices James Chau
181 Devine St.
San Jose, CA. 95110
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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