Q: READ SECTION BELOW FOR MORE INFO. In short, ex parte order granted prevents son from returning to school. Options?
I'm the plaintiff in a custody case. The filing is for abandonment & endangerment to my 3 & 6 year old sons, vs their mother who is unable to maintain her part of the split schedule we verbally agreed on in years past. I'm seeking a court ordered M-F schedule so I can take my kids to and from school/activities daily. I've been their primary caregiver since birth, pay for everything and claim both on my taxes. I recently moved from Alameda Co. to Sutter Co. the 2nd week of March, giving up my job & apt of 3 years to move into my mom's house in order to care for my kids full time. Multiple occasions their mother hasn't been available to receive the kids during her scheduled weekdays affecting our son's schooling and general well being. I've since transferred my son to a Sutter school and he's been there 2 weeks. His mother filed ex parte lying about not knowing where I moved to. It was granted in part stating I couldn't take them out Alameda even though we've been in Sutter for 3 weeks.
A:
I understand this is a complex and stressful situation. Based on the information you've provided, here are a few key points and potential options to consider:
1. Jurisdiction: Since you and your children have been living in Sutter County for the past 3 weeks, you may be able to argue that Sutter County has jurisdiction over the case, rather than Alameda County. You should consult with a family law attorney to determine if you can file a motion to transfer the case to Sutter County.
2. Responding to the ex parte order: You should promptly respond to the ex parte order, providing evidence that the mother was aware of your move to Sutter County and that the move was necessary for the well-being of your children. Your response should also highlight the mother's inability to maintain the agreed-upon custody schedule and how it has negatively impacted your children's education and overall well-being.
3. Seeking temporary orders: Consider filing for temporary orders in Sutter County, requesting that the court allow your son to continue attending school there and for you to have primary physical custody during the weekdays. Provide evidence of your role as the primary caregiver, your financial support, and the stability you offer your children.
4. Gathering evidence: Document all instances where the mother has failed to adhere to the verbal custody agreement, including any communication between you two regarding these incidents. Keep records of your children's school attendance, activities, and any other relevant information that supports your case.
5. Best interests of the children: Emphasize that your actions, including the move to Sutter County and enrolling your son in a new school, were taken in the best interests of your children. Courts prioritize the well-being and stability of children in custody cases.
6. Legal representation: Given the complexity of your case, it is highly recommended that you seek the assistance of a qualified family law attorney who can provide guidance tailored to your specific situation and help you navigate the legal process.
Remember, while the ex parte order is in effect, you must adhere to its terms until it is modified or terminated by the court. Work with your attorney to address the order and present your case in the best possible light to protect your children's well-being.
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