Legal Question in Family Law in California

I filed custody papers. If he does not contest before the 30 days do I legally have to take my daughter or do I have to follow the other terms until the actual court date?


Asked on 2/24/15, 6:51 am

2 Answers from Attorneys

Michael Hulshof Michael Hulshof

You have to follow the current court order until the court date. You have to remember you put a motion in to modify or establish custody. This is not an order, but in its most simplistic form, a request/demand. The court then determines whether your request/demand is reasonable based upon the family code (after going through meaningful mediation). Thus prior to a hearing the current order will remain in full force and effect and you should follow it.

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Answered on 2/24/15, 9:37 am
Arlene Kock Law Offices of Arlene D. Kock APLC

If you filed a motion requesting a parenting order and properly served the other side, you need to get a court order confirming the parenting order you seek.

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Answered on 2/24/15, 2:03 pm


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