Legal Question in Family Law in California

A Ex Parte order has been filed by the father. He is not on the Birthcertificate, though has had a paternity test that will up hold in court done. We have not yet been to court. He is requesting custody along with the request I have supervised visitation by his parents which with he lives with. He works full time I recieve county aid. He took her out of my home 3 mo ago. Which is stated on his declaration. I was recently informed his paternity test doesnt up hold until we go before a judge. I have not been served paper work yet. Though he did leave me a copy of his order one night on my door. That's how Im aware of all this. He wants this to take effect imediately. Do I still have legal right to take her back? How would I prove to the judge I did this before I was served? I dont want to make things worse. I didnt take her prior to this because I though due to the paternity test he had legal right already. Ive been economicaly dependent on him. We were alll living together in the apartment he is now giving me 30 days to move out. He has been paying for it this whole time. He continuously said if I ment certain requirements he would return her to me. She is 19mo old. It's clear that isnt going to happen now.


Asked on 4/05/11, 2:14 pm

1 Answer from Attorneys
James Goff James R. Goff, Attorney at Law

If there is a valid court order giving him custody of the child you must abide by that order until it is changed. You do not have the right to violate that order again unless it is changed in court. You should contact your local legal aid office for assistance.

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Answered on 4/09/11, 2:48 pm


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