Legal Question in Family Law in California

My soon to be ex husband came to the babysitters house without my consent lied to the babysitter and took the baby saying he had my consent. The baby has been with me all day and hes on felony probation smoking weed and drinking almost every night leaving me at home with the baby. he didnt see her all day today but knew she was at the sitters because we have school at night and i was at school so he left went and got her knowing he didnt ask me or even say a word about it. so he pretty much kidnapped her. is there any thing i can do to get her back since he stole her from me and hasnt been there taking care of her?


Asked on 2/08/11, 12:02 am

1 Answer from Attorneys
Tina Chen Law Office of Tina Chen

Do you have any custody orders in place? If not, you need to fie an Ex Parte Order to Show Cause for custody and visitation. This allows you to have a hearing the day after you file the OSC (and you must give him notice the day you file it). Call the Court to determine its ex parte procedures. Tell the Court that he took the baby, hasn't taken care of her in the past, and is using drugs and alcohol. If you already have custody orders, contact the police and ask them to enforce the orders. Good Luck.

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Answered on 2/08/11, 3:11 pm


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