|Emergency Custody Order
||[Jul. 6th, 2010|10:08 pm]
My ex-husband filed an emergency custody order for my son today. My son has never been abused, there's no drug abuse in the house, and I have no criminal record. How the hell did he manage to get this? And what happens after this? How soon will I be contacted by some sort of law official about this?|
How do you know he filed? Did he tell you or did you actually see the paperwork?
I don't think it's a restraining order so much as a "keep you here until we figure out who has custody" type of order. The way I understand this is whoever filed that can retain custody of the kid until it is figured out in court. I'm not a lawyer, so I really don't know.
Have either of you filed for leagal custody in court?
He told me. Granted that doesn't actually mean he did file, but I think he filed something about custody.
We filed for divorce in February, and it takes 6 months for the courts to set up a court date. That would of been in August. We've had court to determine child support but not custody.
Get a lawyer, NOW. That's my best advice.
Call or go to the courthouse to see what has been filed. Public record.
If he filed it, that doesn't necessarily mean it's been granted. You may have a court date scheduled and he is required to make sure you get a notice of the court date and the papers he filed. If he does not notify you, the judge cannot hear his request in court--he has to have proof that you were served notice. Once you receive notice (and you may be able to get a copy at family court) you must file a response before the court date so the judge can consider both sides. At least that's how it works in California.
If for some reason he can't serve me with the papers, what happens with the court date? I'm probably going to be in the hospital for about week because I may have preeclampsia and have to deliver my baby early. Or if he does serve me, and I'm still unable to get out the hospital, would I be able to reschedule this court date?
Apparently, the date has been set on Wednesday, is what I'm being told, but I have not gotten served with any papers. I just feel like he pulled the rug out from under me, and I don't even know what the allegations are against me yet!
As far as I know, if he doesn't have proof that he served you the papers, the judge cannot hear his request, so they'd have to reschedule the court date.
Look up the hours for your county's Family Law Facilitator's office and go talk to them. They can't give you legal advice, per se, but they can explain how the system works and what forms you have to use to file your response, etc.
Sorry, I replied from my other LJ above. :)