Legal Question in Family Law in California
I have a restraining order against my fiances ex girlfriend. They have two toddler children. Well she violated the protection order for the third time. and now she is in jail. she will be in jail til monday. she got arrested last night, (friday) well yesterday afternoon they did their public exchange and he has the kids with him. he was supposed to exchange the kids back at 5pm, but since she is in jail does keep the kids in his custody, or does he have to give them to her mother? He hasnt given any of his rights away and she doesnt have sole custody of the kids.
1 Answer from Attorneys
Your fiance should immediately contact a family law attorney to file for custody of the children. If he has joint custody, he would keep the children while she is in jail, however he would likely want to modify the present orders to insure that there are no further problems once the mother leaves jail.
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