Legal Question in Family Law in California
ex parte custody
My fiance is planning on filing for temp full custody of his 4 year old daughter. Reasons for this are the little girl is complaining of abuse at her moms house on a regular basis and the mom is pregnant and due within the next month. They are currently living in a one bedroom apartment with nine people, four of them adult males. The concern is once the baby is born there will be ten people in a 1 bdrm apt and the added stress of an infant could raise stress levels and increase the abuse that the little girl says is happening. She says the abuse is by her mom, aunt and moms boyfriend who all live in the home. Is this a legitimate reason to seek ex parte custody and what are his chances? We are in the state of CA, have reported the abuse to Social Services and they are investigating and we live in a two bedroom apartment where the little girl has her own room.
2 Answers from Attorneys
Re: ex parte custody
You'd need to develop the facts more specifically. What is daughter saying? Remember before the court can make a decision on ex parte basis, it must find that the situation is so urgent that it's failure to act could cause irreparable harm to the child. So write very good declarations. Get them from as many people as possible.
Re: ex parte custody
The facts dont appear like they rise to the level of an ex parte motion. AS others have stated you may wish to develop the facts more and this may provide the basis for your ex parte motion to the court.
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