Legal Question in Family Law in California
I have shared custody of my daughter in riverside county. I live in Las Vegas now. In our court order it states that if my daughters mom is incarcerated for more than 7 days then I get custody of our daughter. The reason for this was because at the time of our court case in Feb she was due to go to court for her thrid DUI the following month. The judge and mediator all believed she would get at least 6 months in jail for this. She received probation and work release. THis past week she was due into court for her DUI hearings. SHe didnt go to court and also did not show up for her work relase so she now has a bench warrant and her probation is revoked. What can I do to speed up the process of the obvious, her going to jail, as she is in self destruct mode and I dont want my daughter to be left out in the cold.
4 Answers from Attorneys
File an ex parte requesting full legal and physical custody.
I agree, file an ex parte. If she shows up and the bailiff is aware of the warrant, they will arrest her in the courtroom as soon as they verify it. I have seen it happen a few times. For further information, visit http://www.ellifritzlaw.com