Legal Question in Family Law in California
My wife and i separated approx 2 weeks ago and she has denied me visitation of my son. there is no paperwork showing in the court systems as of yet so no custody paperwork is in place however we did agree to a 50/50 arrangement with our son living primarily with her. I have had the local police in her area do a welfare check on the child after no response from her or her family in regards to allowing me visitation with my child.
3 Answers from Attorneys
You need to file and serve a divorce petition on your wife along with a motion to establsh custody and support.
Ms. Kock is correct. Your agreement and $2.00 will get you a cup of coffee at Starbucks, until the agreement or some other parenting plan for temporary custody is made a court order in a divorce proceeding.
Ms. Kock and Mr. McCormick are correct you need to file and serve a dissolution petition along with a request for a custody/visitation order. You should try to talk to your wife to come to an agreement in writing which can be filed with the court. If you are unable to resolve the issue you'll be able to meet with a mediator and go before a judge to obtain an order. If it is an emergency and you cannot wait for the custody hearing you could request a temporary emergency order. Good luck!
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