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

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.

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Answered on 3/13/11, 9:18 pm

Timothy McCormick Libris Solutions - Dispute Resolution Services

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.

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

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