Chatsworth, CA asked in Family Law and Domestic Violence for California

Q: Please describe section 6322

I received a 3 year tro from my ex. The Court did not apply 3044 at the hearing of my DVRO, because trial is one month away, the Court considered it a moot point. I’m experiencing severe anxiety having to share jointly with my ex during the interim. One example, he is unwilling to meet me at the police station; lied and did not turn on the minor child’s health insurance and is seemingly neglecting to create dialogue on any matter involving our daughter except to fight me on it. Can I use family code 6322 to file for custody modifications to change the exchange location; put the minor child on my insurance etc so that things are more bearable in these four weeks as the case approaches final trial?

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Domestic Violence Lawyer
  • Sacramento, CA
  • Licensed in California

A: Family Code section 6322 grants the court the authority to make temporary orders regarding the care, custody, and control of minor children during the pendency of a custody case. This means that you may be able to seek temporary orders to modify the exchange location and put the minor child on your insurance during the interim period before the final trial.

It is important to note that temporary orders are only in effect until the final custody order is issued, so any changes made during this period may not be permanent. Additionally, the court may consider factors such as the child's best interests and the ability of each parent to care for the child when making temporary custody orders.

To seek temporary custody modifications, you would need to file a request with the court and attend a hearing to present your case. It is recommended that you consult with a licensed attorney who can advise you on the specific procedures and requirements for seeking temporary custody modifications in your jurisdiction.

Overall, if you are experiencing severe anxiety during the interim period and believe that modifications to the custody arrangements would improve the situation for you and your child, it may be worth exploring the option of seeking temporary custody orders under Family Code section 6322.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: you are asking a family law question to a Criminal Lawyer Panel.

if your case is coming up for trial, does that mean you have a lawyer? if so, that is the person you should consult with, as s/he has all the info in front of them.

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