Legal Question in Family Law in California

Returning child

My daughter's dad currently has physical custody of her. She has recently informed me of some physical and emotional abuse going on by the step mom. I am filing for an Order to show cause with temporary orders tomorrow. Our prior court papers do not state specific visitation days or times. Can I keep her until the papers come back from the judge if I feel that she is in danger or is this against the law?


Asked on 5/15/06, 2:12 am

2 Answers from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Returning child

If you are reallly concerned about abuse, you need to do an Ex Parte OSC! If the abuse rises to a level of actual physical and emotional abuse that puts the child in danger, I would walk the child into the department of Children Services.

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Answered on 5/15/06, 1:26 pm
Steven Stout Steven A. Stout, Attorney at Law

Re: Returning child

Seems to me you have a responsibility as a parent to protect your child which supercedes any other agreements. To protect yourself you must get those papers filed.

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Answered on 5/17/06, 1:26 pm


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