Legal Question in Family Law in California
desperate plea for help with rights
I was found guilty of contempt for dropping child off at parent's house instead of court ordered drop off/pick up place & was sentenced to jail w/ 2 weeks to complete it. I tried to go right away but jail said my court paperwork hadn't processed. Next week my husband & attorney asked for custody of child while I was in jail, & judge granted it for week instead of 2 days jail time, with no contact from me, or my family. Why? My 9 yr daughter's ct app. lawyer suggested this after we were having hard time getting her to spend nt w/ dad & she threatened to run away or kill herself. My marriage was abusive, he's alcoholic with new dui & she's scared. She ran away & was missing for 10 hours until 9pm. When found, police wouldn't tell me where, as dad has temporary sole custody. I again went to jail to check in & they said my paper was wrong again. I went to court, they gave another week of custody. The paper was no good again & judge said another week with dad. 3 weeks & no contact with mom. Is this legal (paper?!) can judge (3 diff ones) do this? I have attorney. We're in 3111. Can I press charges or fire her attorney? I have no record,stay at home mom, coach,& can't work at school now. I can't get in jail & can't get my girl back!
1 Answer from Attorneys
Re: desperate plea for help with rights
You need to discuss this with your attorney. If you don't have one get one. The facts that you stated are unusual. It is very unlikely that the paper work for a jail sentence would not be properly sent to the jail.