Legal Question in Family Law in California

Can I file for emergency custody.

I am uncertain about the qualifications necessary to file for emergency custody of a minor child. My ex and I are going back to court next month because I filed to modify the current custody in my favor. However, we will not go to court back to court until the end of next month and my ex is giving me lots of problems because she is mad about going back to court. Currently she has physical custody of the child and we share legal custody. I do not get my work schedule until a few days before that work week begins. And it seems like whenever me and my fiance make plans to take my son to the beach or anything like that... she makes up excuses that they will be out of town on my days off so I can not have him. I know I can file for emergency custody if I have problems before we go back to court. I would just like to know if this qualifies and if now then what does.


Asked on 8/19/06, 12:37 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Can I file for emergency custody.

Whether it qualifies as an emergency depends on the judge that you are in front of. Most judges would set a child sharing schedule pending the hearing on an emergency basis. Good Luck, Pat McCrary

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Answered on 8/21/06, 10:57 am


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