Legal Question in Family Law in California

I was served papers from my childs mothers brother, who is a police officer in a different county. The papers claimed to be custody papers. Her asking to be custodial parent aswell as some other requests. The papers also included what said to be a restraining order stating neither paren't could take the child out of city limits for 30 days and I had 30 days to respond. When served the papers, her brother told me I could not contact her or my child for 30 days, but no where did it say so on any of the papers. I then proceeded to take these papers to the courthouse only to find out they were never filed, only printed offline and filled out by her. Is this legal? This was two weeks ago and she still ignores my calls and is keeping my child from me, aswell as pulling him out of school. Is there anything I can do to press charges and or get my child back? She also has been diagnosed with mental illnesses in the past. We were never married.


Asked on 11/19/16, 9:43 pm

1 Answer from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

A careful review of the pleadings are required to better understand whether or not there were some orders that were pregranted before hearing by a judge. Please meet with an experienced family law attorney to assess your case and provide legal options.

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Answered on 11/20/16, 7:08 am


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