Legal Question in Family Law in California
Greeting....
I am currently going threw a divorce in the state of CA. I have filed my paperwork for the divorce along with full custody of our two children. My (ex) wife has not responded to her paperwork she was served. I have yet to file a non response.
My question is, do I have legal rights over the children yet? My ex's personal situation has got really out of hand and I am very concerned about the safety of the children while in her care. She has a few diagnosed mental conditions and now has become involved with methamphetamine. Her house was recently robbed and she was beat up by some "friends".
Can I prevent the children, ages 4 and 7, from going over there? What do I do if she shows up to my house with police officers wanting the children? If you are able, please help. Thank you. -Concerned Father.
1 Answer from Attorneys
Until you have court orders establishing a parenting plan, you have no court protections. If you have a hearing date set far out on the calendar, consider an ex parte request for orders issued before hearing.