Legal Question in Family Law in California
Can my daighters father take my daughter when we don't have a court custody agreement. He has filed and I was just served today. What are my rights for taking my daughter back home with me until something is settled?
2 Answers from Attorneys
The answer to this question largely depends on if there were pre granted orders precluding your child's relocation.
If you have an existing order whether agreed to or not, you both must follow it until any new order is issued. If there are no existing orders you both have a simultaneous right to custody of the child, which unfortunately is obviously both impossible and meaningless. The only things you can do until a hearing and order are either a) work out a temporary sharing agreement with him, or b) immediately file your own ex parte request for an emergency temporary custody order pending a full hearing on the matter.