Legal Question in Family Law in California

I need advice. A judge in family court granted ex parte orders for temporary custody to my Ex boyfriend. My daughter is 21 mo old. He is not on the birth certificate, and there is no declaration of paternity. Anyway he and his lawyer claim to have a declaration of paternity in his request to the judge for temporary custody. As soon as i was given the chance to speak I tried to ask if my rights as a mother had been violated. The judge said before we go any further he is requesting that I and my ex's lawyer go into the hallway outside the court room to discuss paternity papers. After being coerced for about 40 minutes I sign them. I have no legal representaiton. We go back in and the judge asked me to remind him what I was asking about. so I explain how my ex is not on the birth certificate and wanted to know if my rights as a mother had been violated. He explains(this is where the judge lies to me)that we were added onto calender at the last minute so he has not had the chance to familiarize himself with the case. we had this court date two weeks before coming to court that day is my point. And he is the same judge that granted the papers to my ex to begin with. so he admits on the record he made a mistake because there is no declaration of paternity. there is more to the story but I want to know what I can do about this. The asshole still has my kid we are due for mediation june 16. Should I start by appealing the temporary orders? Filing a complaint with the state bar on his lawyer for not having paper work she claimed to have? Do I have a lawsuit here against there mistakes? This has been a nightmare. I have been the only thing my daughter has know. Now we are ripped apart from each other.


Asked on 5/21/11, 11:34 pm

1 Answer from Attorneys

You need to hire a lawyer. You have been posting this story over and over again here, and there is nothing we can do for you. This is not a situation that can be dealt with in a free internet question and answer format.

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Answered on 5/22/11, 6:14 pm


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