Burbank, CA asked in Child Custody, Family Law and Criminal Law for California

Q: Custody question - potential felon vs kids 6 and 7 year old. California

My ex is potentially being charged for a felony, (waiting arraignment) to which I have been identified as a witness. He doesn't see our Kids often, no custody orders as he's never been around, now he is insisting on seeing the kids? What do I do? He said there's no court stipulation that says he can't contact me regarding the kids let alone let him be with them. I don't feel comfortable allowing this... Please help.

1 Lawyer Answer
Mike Darlington
Mike Darlington
Answered
  • Divorce Lawyer
  • Shingletown, CA
  • Licensed in California

A: Lots of questions need to answered before can make a cognizant response. Were you and ex married? If so were the custody issues handled as part of the Judgment in the divorce? If not did he sign a Voluntary Declaration of Paternity for each child? Is he on the birth certificates?

The answers to these questions will tell you which path you should take. Regardless of the correct application you should make to the court, you need to file for emergency custody orders. If possible you should retain an attorney right away; if not you should avail yourself of a local self help organization. Trying to do custody yourself is unwise, especially under the circumstances you describe.

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