Legal Question in Family Law in California
My daughter had a temporary custody order giving her full custody with no visitation for the father. She went to mediation and agreed to shared custody. The father did not appear for the court hearing granting shared custody. The judge told my daughter she would have to complete the after hearing paperwork and serve the father. This hasn't happened yet. The judge told her the temporary order will remain in affect until the after hearing paperwork is completed. Is the temporary order still in affect?
1 Answer from Attorneys
The temporary order is still in effect but your daughter is expected by the Court to complete the order after hearing as soon as possible. If the father is not opting to participate in the custody proceeding, your daughter should contact a family law attorney and file a motion to have the mediation agreement vacated and refile for sole legal and physical custody. Not showing up at the hearing probably did not impress the court.