Legal Question in Family Law in California
emergency custody hearing?
my ex took my daughter out of the state, violating a custody agreement. i had filed for temporary custody and got it, pending a hearing. before i could serve him, he had left with our daughter. can i somehow ask for an emergency ex parte' hearing before the scheduled one
3 Answers from Attorneys
Re: emergency custody hearing?
You should get a certified copy of the temporary order for custody and then take it the the district attorney and request assistance in obtaining the return of you daughter.
Re: emergency custody hearing?
All that a judge can do with an exparte hearing is to make an order for custody, and you already have an order. You can proceed with private enforcement, if you know where the children are located, but that may be expensive. The district attorney can assist you and get custody of the children, which would cost you very little, but may take a while. I would suggest you get the advice of an attorney to help you through this process and get you a custody order with supervised visits to the other parent. Good Luck, Pat McCrary
Re: emergency custody hearing?
I am sorry to hear of your predicament, especially as it is apparent that your daughter should be with you for her care and protection. Do you know where she is? Call me directly at (619) 22-3504.