Q: Father did not give notice of prior dependency case when filing for timesharing in family court.
Magistrate and judge gave sole custody to mother with no visits to occur in fathers home, yet because the family judge didn’t know about prior case he turned the child over to fathers custody in an ex parte order and it’s just skyrocketed and flipped young child’s life upside down. What can be done? Can I file a notice of related cases and have the orders reversed back to dependency court? Do I call the magistrate and judge that signed the dependency orders and notify them?
A: Wow. Your situation is very unusual. Based on my personal experience, there must have been some very compelling reason why your sole custody was revoked and the child given over to their father--by an ex parte proceeding. Do not try to call the magistrate or the judge. If you think the magistrate erred you can move to overrule his recommendation; and If the judge has already accepted the magistrate's recommendation, you will have to move to reconsider it. Tal;k to your lawyer first.
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