Legal Question in Family Law in California

I am filing for custody of my 5 week old son. When filling out the paperwork I checked the box that reads "To be ordered now and effective until the hearing" does that mean I can take my son immediately?

Asked on 3/13/11, 4:32 pm

2 Answers from Attorneys

Tina Chen Law Office of Tina Chen
0 users found helpful
0 attorneys agreed

No. To get an immediate order you would have to file the Order to Show Cause as an Ex Parte OSC. To file Ex Parte, you need to show that there is an emergency (i.e. the child is in danger and you need orders now to ensure his safety). Otherwise, you have to wait to the hearing date to obtain any orders. Good Luck.

Read more
Answered on 3/13/11, 9:18 pm
Timothy McCormick Libris Solutions - Dispute Resolution Services
0 users found helpful
0 attorneys agreed

All that entry on the paper work does is notify the court to be looking for an emergency Ex Parte OSC filing to go with it.

Read more
Answered on 3/13/11, 10:12 pm

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California

Looking for something else?

Get Free Legal Advice

88953 active attorneys ready to answer your legal questions today.

Family Law, Divorce, Child Custody and Adoption Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Rahul Manchanda, Esq.Manchanda Law Office PLLCNew York, NY
Glen AshmanAshman Law OfficeAtlanta, GA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now