Legal Question in Family Law in California
filing custody case
How do I go about getting an Ex Parte hearing. There is an abandonment issue here and I don't want the other parent to pick up the child from school without my notice or any legal ramifciations. My spouse left my son and I without saying goodbye to him leaving me to explain. My spouse is irratic and unpredicatable. I have had the child for over two months by myself. My spouse is in Colorado and I don't want my son to be taken to another state without my consent and may not know whre he is.
My son is a special needs child and is doing very well in the school system. We moved to Arnold California so that my spouse who could not handle stress and is labeled emotionally disturbed was able to find peace. This has been difficult not only on me, but also my son. I have done all I can to preserve the well being of my family and even though I don't want to get the courts involved, I believe I have to protect my son from a parent who is is unstable, unpredictable and now out of state.
Do I have to be divorced or legally separated to get a hearing (ex parte)
2 Answers from Attorneys
Re: filing custody case
It isn't required that you file for a divorce/legal separation at the same time as you file for an emergency protective order. There are usually clinics or volunteers to help you with these applications. Check with the court clerk for family law or the county bar association. You can ask for an order restraining your husband from going to your home or your son's school. I agree that taking him out of state would be tramatic.
Re: filing custody case
You must make prepare and submit and application to the court for emergency proceedings.Applying for an ex parte hearing can be a fairly complicated process from a procedural "paperwork" standpoint. You may want to STRONGLY consider having an attorney help you with this ASAP. We deeply empathize with your situation, but commend you for prompt efforts in trying to ensure the safety and well-being of your child at issue. If you would like prompt, very affordable legal assistance with your ex parte application, contact us directly early this week for a free phone consultation.
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