Legal Question in Family Law in California
I filed the forms at the courthouse today for custody of my 2 small children, BUT their school told me they need something that says that I have custody of them NOW or the kids shouldn't come to school because if their father tries to take them out of class, they cant legally stop him.
Do the forms that I filed give me any ptotection or some sort of temp custody until my court date on Jan 2nd, or is their an ADDITIONAL form I need to file with the court? Thanks
2 Answers from Attorneys
I have not heard of a school district taking the position that "children should not be in school". You need to confirm this information with the school principal or someone with the school district's administrative offices. I recommend that you contact the Family Law facilitator at the court where you filed the custody petition. It should be possible for you to be granted a temporary custody order that specifically directs that you have sole custody until the matter fully adjudicated or at least through the first hearing date.
Unfortunately, there is no "add water and stir" formula in using family law forms. Proper use of these forms require knowledge of the legal principles directly affecting your particular case.Your situation deserves the attention of an experienced family law attorney to assess if you have the factual justification to request ex parte orders for the children's custodial placement in your care pending full hearing.