Colton, CA asked in Family Law and Child Custody for California

Q: If my husband is not on birth certificate is he able to get granted a ex parte custody of our child?

I have full custody of my child and he went to court made up lies about me and got granted emergency custody of my daughter

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

A: Under California law, even if a father is not listed on the birth certificate, he can still seek custody rights through the court system. The process typically involves establishing paternity first, which can be done through a court order or by signing a voluntary declaration of paternity. Once paternity is established, the father has the same rights to seek custody and visitation as any other parent.

In emergency situations, such as when a child's health or safety is at risk, courts can grant temporary emergency custody without the standard notice to the other parent. This is known as an ex parte order. However, these orders are meant to be temporary and are subject to further court review. The parent not present at the initial hearing is given the opportunity to be heard at a subsequent hearing, where the court will consider more permanent custody arrangements.

If you find yourself in a situation where emergency custody has been granted based on false allegations, it is crucial to respond promptly and effectively. Gathering evidence and witness statements to refute the claims made against you is essential. Consulting with a legal professional experienced in family law can provide guidance on the best course of action to take to protect your rights and the best interests of your child.

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