Spring, TX asked in Child Custody and Family Law for California

Q: In California can sole custody be granted without the other parent being served? Both parents live together?

Both parents have agreed to separate May 1, 2018....but he keeps saying things that lead me to believe he is up to something

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1 Lawyer Answer
Jennifer Sue Morrison
Jennifer Sue Morrison
  • Divorce Lawyer
  • Fresno, CA
  • Licensed in California

A: When a person seeks court orders, they file a motion (now called a Request for Order). That packet of materials has to be served upon the other party. However, if there is an emergency situation, a person can file papers with the Court requesting emergency orders pending a further hearing. It is possible to get those emergency orders but you always have to receive notice.

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