San Jose, CA asked in Family Law and Child Custody for California

Q: I need to file FL 305 per the judge request but have not seen my daughter over a year ago, what happens next?

I have not seen my daughter since a year ago when her mother took her away from me, my daughter is afraid of me now and the judge is aware that her mother had been coaching her and put her against me. Since my daughter doesn't want to see me how can I get her back. Is it instant after I file or do I have to wait until my hearing to pick her up? Can I put her in care of a family member while we fix the situation or does the court take her and place her elsewhere? Thank you. NEED HELP DESPERATELY, I miss her.

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2 Lawyer Answers
Mike Darlington
Mike Darlington
Answered
  • Divorce Lawyer
  • Shingletown, CA
  • Licensed in California

A: An FL-305 is the form for emergency orders granted by the court. They are normally filed with the FL-300 where you are making application for an emergency orders. Each court has their own rules for obtaining emergency orders and you should check where you live as to what they are. Depending on the circumstances you may get instant relief, although most likely the matter will be set for a hearing and the Judge will make a temporary order at that time if need be.

More than likely you are not going to be granted custody if you are just going to take the child and place her someone else. The family law court does not have the jurisdiction to grant custody to a third party. If the conditions are so bad that the child should not remain with mom and you cannot take her CFS can step in for placement with a third party; or there is a possibility of a guardianship action by someone who knows the child.

You should be sitting down with an attorney in you local area who will be aware of the local rules of court and their procedures. This is probably not something you should attempt to do on your own.

Tobie B. Waxman
Tobie B. Waxman
Answered
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: Based on the questions you are asking here and your reference to FL305, it sounds to me like you don't really know what you are doing, how to achieve he result you want or why you were asked to complete an FL305. The best way to get the kind of help you clearly need is to hire an attorney to handle the matter for you.

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