Legal Question in Family Law in California
In the State of California, if I file a petition for custody today, do I need to file an OSC too in order to prevent the birth father from taking or withholding the child until the court hearing? Is filing the petition alone enough to protect my child until the court hearing? I have physical custody and I am in contra costa county.
3 Answers from Attorneys
Did you file a petition for dissolution, or an OSC? The petition for dissolution merely starts the divorce process - no custody and visitation orders are issued. You will have to file an OSC for custody and visitation. The parties can come to an agreement in the meantime before the hearing. If one attempts to keep the child away from the other parent, you will likely need to consult an attorney regarding filing an ex parte hearing. For further information, visit http://www.ellifritzlaw.com
Please feel free to contact my office for a meeting to review your matter. This initial consultation is at no cost. My office is in San Ramon. Please call 925-743-8666 to schedule an appointment to explore your legal options.
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