Legal Question in Family Law in California

child custody

girl friend and i split up we have an 8 year old boy she went to jail 4 years ago and i raised him myself now she came back into his life oh about 1 1/2 years ago she sees hem on weekends only come this monday she was to bring him back she didnt i called her she said im going to keep him for awhile live with me she said i have no court orders in any way never gone to court what can i do now!!! to get him home with me until we go to courtplease respond asap ty-


Asked on 5/06/02, 8:52 pm

2 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: child custody

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

You need to get into court as soon as possible to establish paternity and to get custody and visitation orders. You can get into court in as little as 24 hours by filing for an Ex Parte hearing. However, the court probably will not make custody orders on an Ex Parte basis, especially if your paternity has not been legally established, unless there is the imminent danger of harm to your child. Otherwise plan on about 4 to 6 weeks for a Show Cause hearing. Best advice: see an experienced family law attorney immediately.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 5/07/02, 4:45 pm
Michael Burt Diamond, Burt, & Akhkashian

Re: child custody

Due to the emeregent nature of your situation, you need to get an attorney ASAP and then go to court on an Ex Parte basis to get an emeregency order and your son returned to you, and then an OSC (Order to Show Cause) for custody and visitation order.--You should do this TODAY.

Give me a call if you would like to discuss the matter further, I can be reached 24 hours a day at (213) 384-2220

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Answered on 5/06/02, 10:15 pm


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