Torrance, CA asked in Child Custody, Divorce, Family Law and Domestic Violence for California

Q: Court will address custody matter in our case?

Wife left home with child and filed TRO w/ minor child, granted. The hearing was yesterday and continuance for many issues 3 weeks later. The Judge ordered my temp monitored visitation until the next hearing 3 weeks later. Wife has no mother case, like custody petition, divorce, or RFO of custody, but there is wife's DV-140 and my response, DV-125. In that case, the Judge will decide the custody matter based on dv-140 &125? I met a local attorney for this issue, but she confirmed a couple of times, custody will be not addressed at the DVRO w/ minor child hearing unless RFO is filed, but The Judge definitely told us the custody will be address right after child abuse in wife's DV-100 is clear. Who is correct, Judge or the attorney. I responded in DV-125 about my sole custody and wife's visitation. Even without custody RFO(mother case), the judge could grant my dv-125 if wife's made false allegations of DRVO and child abuse?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information provided, it appears that there is some confusion about whether the court will address custody matters in your case. It is possible that the judge will address custody issues based on the DV-140 and DV-125 filings, even without a separate custody petition or request for order (RFO) being filed. However, it is also possible that custody will not be addressed until a separate RFO is filed.

It is recommended that you consult with a licensed attorney in your jurisdiction who can provide you with more specific guidance based on the facts of your case. They can also help you understand the potential outcomes and next steps in your case, and help you prepare for the next court hearing.

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