Legal Question in Family Law in California
I am working with Legal Aid on a paternal custody case. I filed and had my son's father served. His father obtained an attorney and emailed me saying that he wants a different informal parent share agreement than the one we had agreed upon in private mediation. How do I file for emergency custody orders? Can I do this on my own? And does this situation qualify for them?
2 Answers from Attorneys
File a motion in your paternity case to address custody and visitation.
What's the emergency? Unless there is immediate danger to the child or the child is at risk for being taken out of the state of California, you will be hard pressed to produce an "emergency" that justifies ex parte orders. Follow Ms. Kock's instruction by simply filing a Request for Order in your existing case under the standard procedure.