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

Q: Is this free

My ex mom in law is trying to keep my 3 year old from me. She has told me today that she spoke with aawyer but that doesn't mean much does it? And I need to go file for custody but I can't until the courts open back up on Monday right? My question is can I show up with the police right now and get my child back? She's crying for her mommy this is not fair to her

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2 Lawyer Answers

A: If you are the mother and there is no custody order, you should contact the police.

Marc David Pelta agrees with this answer

James L. Arrasmith
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Answered

A: Your situation sounds very distressing, and I understand your urgency to be with your crying child. Without a formal custody order in place, you have equal parental rights to your child as their mother.

You can contact the police for a civil standby while you pick up your child, but they may be limited in what they can do without a court order, especially if your ex-mother-in-law claims she has permission to keep the child. The police typically try to avoid getting involved in family disputes unless there's clear evidence of immediate danger.

Your best course of action is to document everything, including texts, emails, and any attempts to see your child. First thing Monday morning, go to your local family court and file for emergency custody orders. Many courts have self-help centers that can guide you through the paperwork at no cost. In the meantime, keep trying to maintain peaceful communication with your ex-mother-in-law, as this will look better in court. If you're concerned about affording legal help, contact your local legal aid office - they often provide free services to parents in custody situations.

Marc David Pelta agrees with this answer

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