Legal Question in Family Law in California

Cps was called on father by school can i get emergency custody

I AM CURRENTLY GOING TO COURT WITH MY SONS FATHER OVER SUPPORT AND CUSTODY. I was contacted by CPS because my sons counselor called CPS on his father for hitting him continually with a belt. CPS even came to my sons school. My son is scheduled to have his tonsels removed and his father says he is not going to allow the surgery 'Just because it is on his time'' I think he is angry because CPS was called and he thinks I have control over that. What if he is beating my son with a belt on his time? Can I apply for emergency custody until CPS gives us a report on the outcome?


Asked on 9/01/04, 12:50 pm

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Cps was called on father by school can i get emergency custody

You can file an OSC requesting a temporary custody order pending a hearing. State two reasons: 1. There is a CPS report that dad is abusing your son. 2. That he is interfering with his medical treatment for a frivilous reason, the ooeration is occuring during his visitation time. You should have a good chance of getting the order.

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Answered on 9/02/04, 12:13 am


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