Legal Question in Family Law in California

I want to leave the state of California with my 4 children (3 are biological) to move closer to family so that I can get on my feet/find work to support my children but my ex boyfriend is refusing to let us go. Today he filed for an emergency hearing for custody since I was set to move today. Our hearing is on 7/13 and until then he is not allowing me to see or take the kids anywhere. He smokes medical marijuana, has a history of violence and drug abuse, kicked off welfare and refuses to work/obtain employment. The sheriffs dept said there is nothing I can do since he is technically the other parent but I have been the primary care giver since they were born. What can I do? Can I file for full custody? What exactly are my rights?


Asked on 7/11/12, 9:07 pm

1 Answer from Attorneys
B. Stuart Walker Law Office of B. Stuart Walker

If he filed an emergency order for custody - presumably he has already properly served you with a custody case. If he has, on the second page of the Summons are automatic temporary restraining orders preventing either party from taking the children out of the state without an order from the court or a written agreement from the other parent. You should bring his problems as a father to the attention of the court.(records of convictions of violence and drug abuse may be helpful) The court may order an evaluation and restrain your move pending the outcome of the evaluation.

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Answered on 7/11/12, 9:32 pm


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