Legal Question in Family Law in California

My ex and I have split custody of our child and when I went tp go pick him up one Saturday I found him in the backyard of her moms yard crying dirty with no shoes on surrounded by 2 pit bulls. I grabbed him from the yard and I told her mom that if my ex wanted my son back she had to go pick him up herself(she was not picking him up as ordered) need less to say she didn't pick him up and I filed and ex parte hearing which she never showed up to either. Given the circumstances I was given temporary custody and have another court date later this month. Do you think they will give her any type of custody besides visitation? I mean she basically abandoned our son and since has not been heard of or even called and asked about our son. She keeps hiding behind the fact she has a restraining order and so I'm sure that will be her defense. That she doesn't pick him up or anything because of that restraining order, even after she's been explained that brief and peaceful contact is ok in regards to child custody and visitation. Please advise, thanks,


Asked on 10/10/11, 10:23 pm

1 Answer from Attorneys
Joel Rubin Law Office of Joel Richard Rubin

Assuming that you have a valid order for temporary custody, it seems likely that the Court would continue that, with some form of visitation for the Mother, although that might be supervised. However, without a great deal of additional information it is not possible to really know what will happen.

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Answered on 10/13/11, 9:18 pm


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