Turlock, CA asked in Family Law for California

Q: How can a court grant temp custody & be ready to remove parental rights when parent hasn't been served & case is secret?

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1 Lawyer Answer
Ju-In Daniel Jung
Ju-In Daniel Jung
  • Los Angeles, CA
  • Licensed in California

A: I'm making a large presumption here, which I hate to do, but with the facts given I believe you're speaking about a restraining order. If there is allegations of imminent irreparable harm, an emergency restraining order will be granted and a temporary restraining order hearing date will be set within a few days. Notice for a temporary restraining order will be given. At the temporary restraining order hearing the Court will set a date for a "full" restraining order hearing allowing both parties to "state their case" and temporary custody orders made. Notice must be given for the "full" restraining order.

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