Legal Question in Family Law in California

Child Custody Hearing

I am a single mom of a 3 yr old son. I don't have custody papers. I had never heard that I needed them. His father and I arranged our own visitation, every other weekend and he pays support through the DA's office. The father's mother came down for the summer from alaska and I let him stay there for 4-6 weeks so they could get to know each other. It has been 7 weeks now with no sight of my son and now the father is ignoring my calls. I just got a phone notice of a custody hearing on monday. Since this is friday, I have little time to prepare. What can I expect to happen? The father has set CPS on me. And now this is happening. Will I need a lawyer or will it be a mediation affair. I was told it would be just him and me in the room, no one else allowed.


Asked on 8/11/00, 7:21 pm

3 Answers from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Child Custody Hearing

You need to get an attorney immediatly!!! If you are located in Southern California you can call me for a free telephone consultation at 818-342-8020 x1

Norman Gregory Fernandez, Esq.

www.norman-law.com

Read more
Answered on 8/12/00, 7:13 am
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Child Custody Hearing

You need to file an action immediately in your county. Jurisdiction over the issue of custody/visitation would normally be in CA. What the other side has done is wait the minimum 6 months to try to establish jurisdiction in Alaska per the Uniform Child Custody Jurisdiction Act (the name of that has changed recently but it is pretty much the same law).

I think I would join the grandmother, if she has money, and then also seek to have her reimburse you for atty fees and costs.

Using CPS might have been a ploy to trigger "emergency UCCJA" jurisdiction. Or there really might be a problem in your home.

The previous atty's advice was sound: get a lawyer. The longer you wait, the harder this will be. File a motion in CA now.

Read more
Answered on 8/13/00, 11:01 am
Nina Gohari Law Office Of Nina N. Gohari

Re: Child Custody Hearing

Please be informed that if you do not take proper steps to secure custody of the minor by attending the hearing then your rights will be endangered. I highly advise you to hire an attorney to file a paternity action (if that is already not filed by the father) and request the child to be immediately returned to you. If you need legal assistance please feel free to call me for a free initial office consultation at 310- 839-7700. However, you should act quickly.

Read more
Answered on 8/14/00, 4:18 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California