Legal Question in Family Law in California
child custody
i left an abusive relationship with my son's father. i've filed for custody. i've given the court summons to the sheriff to serve the father. the father has been calling me and texting me with no response from me. i haven't discussed filing with him. before filed i had arranged shared custody with the father to make the transition for my son easier; but there is still abuse from the father's side. now that i've filed for custody and have the summons in process; if the father comes to take my son unwillingly from me what can i do leagally?
1 Answer from Attorneys
Re: child custody
Right now, if there are no orders in place from the court as to who has the child and when then you can keep the child from seeing dad. If there is abuse to you or the child then CALL THE POLICE. You can file for a restraining order if he has threatened you and/or the child. You should get orders from the court as to who has the child and when. You may be able to get immediate orders by way of an ex parte order to show cause with the court.
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