Legal Question in Family Law in California

missing son

My wife hasn't contacted me in 3 weeks to see my 2 year old son. I'm filing for divorce and custody of my son because of infidelity and adultery, but don't want to have to wait until the case is called. Is there any immediately action that can be taken now so I don't have to wait for the divorce/child custody case to be called? I submitted forms to the DA for abandorment, but nothing can be done even for that til case is heard in court. I'm going crazy not seeing my child.

Please tell me what to do.

Missing son


Asked on 7/04/02, 8:15 pm

3 Answers from Attorneys
Edward Lindley Edward Lindley, Attorney at Law

Re: missing son

I am a little confused. it sounds as tho something was filed with the DA's office, which has absolutely nothing to do with custody, divorce, et al. There are time limits available to utilize once a divorce is filed and seved in the propper court. Perhaps a telephone consulatation may be helpful.

Read more
Answered on 7/08/02, 12:06 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: missing son

You may go ex parte to apply for temporary custody. However, this is a matter in which an experienced legal hand is required. Don't go it alone, a pro-per does not do well in chambers, call me directly at (619) 222-3504.

Read more
Answered on 7/06/02, 12:13 am
PATRICK MCCRARY PATRICK MCCRARY

Re: missing son

Don't depend upon the DA, it won't do you much good. You need to file your own motion for child custody, in your dissolution action. Ex-parte may give you some visitation rights, but there is no guarentee. You can use the withholding of your child against your wife as a custody issue. Good Luck, Pat McCrary

Read more
Answered on 7/06/02, 10:19 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California