Q: Yesterday evening on Friday my boyfriend got a voicemail from a lawyer about an emergency exparte for a custody case it
He was told it was an online thing but we know nothing about how to respond online with this in the first place the whole thing is over the daughter lying to get out of facing punishment for another lie which she has been doing alot. He has 50/50 joint custody and the daughter is 12 . She said that I hit her which i did not we have a good relationship the mom has always tried to be the shot caller and she influences the daughter and has kept her for over 2 weeks she said the the daughter was afraid , it's not of what they think she is afraid of its the punishment she has no idea the damage she has created. We want to respond to not give what mother is requested but we don't know how to online we have no information and what information should we respond with for the exparte so we don't lose her even until the hearing this is all based on a 12 year Olds lie and a mother who is egging this on there has been no evidence of abuse I've been with her since 6 months old mom was in jail
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- California
- (916) 704-3009
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- Answered
A:
I'm so sorry to hear about the difficult situation you and your boyfriend are facing. False allegations of abuse, especially when involving children, can be incredibly stressful and scary. Here is some general guidance, but please keep in mind that I'm not a lawyer and this shouldn't be taken as legal advice:
1. Respond promptly to the ex parte notice, even if you're not sure how to do it online. Call the court clerk and/or the lawyer who contacted your boyfriend for guidance on exactly how to submit a response. Time is of the essence with emergency orders.
2. In your response, clearly deny the allegations of abuse and state that they are false. Explain that the daughter has a history of lying to avoid punishment, and that the mother has been inappropriately influencing her.
3. Emphasize your boyfriend's 50/50 custody rights and the fact that the mother has already been violating the custody order by keeping the daughter for over 2 weeks.
4. If you have any evidence that helps show the accusations are false (e.g. records of the daughter's past dishonesty, communications showing the mom's influence, etc.), submit that with your response.
5. Request that the current 50/50 custody arrangement remain in place until a full hearing can be held to assess the allegations. Argue there is no immediate danger to the child.
6. Consult with a family law attorney ASAP, even if you have to submit your initial response yourself. An experienced lawyer can help you strategize, gather evidence, and prepare for the upcoming hearing.
7. Be prepared that CPS may get involved to investigate, as they often do when abuse is alleged. Cooperate with them fully.
I know this is an incredibly difficult situation and my heart goes out to you. Remember, you will get a chance to present your full case at the upcoming hearing. Stay strong, be honest, and don't hesitate to lean on family, friends, and professionals for support during this challenging time. Wishing you all the best.
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