hello my wife abandoned our marriage 11 days after we married, she gave birth to our baby and has been concealing her

Question

She is running an illegal business of smuggled alcohol Tabacco and other items out of her garage the child is in direct contact with these smugglers as they deliver the goods weekly to her garage during afterhours. She has no custody order and is not allowing me any visitation, she has not breast fed the infant, and the grand mother is the primary care giver as the mother works in strip clubs and is constantly drinking and going off with random men. I want to file an emergency order because I am worried a smuggler might take my infant.  Can you please reference similar cases that I can use as references on my emergency order to obtain custody.

Bradley Drew Hochberg · Answer

If you are that concerned you can always contact your local county CPS office and make a report. They will investigate what you have stated. You could also apply for an emergency order as the other attorney stated. You would have to show that the child is under the threat of imminent harm or about to be taken outside of california. This answer is more general because i do not know all of the exact details of your situation. Plus to even file for this you would have to file a custody case. That would either be a divorce, legal separation or petition for custody case. This would need to be done at the same time or before the emergency request. You might want to hire a lawyer to deal with these tricky issues even if it is not me. Good luck with your case.

James L. Arrasmith · Answer

You may want to reference California case decisions that emphasize the court’s priority to ensure the child’s safety above all else. Instances where a parent’s environment exposes the child to dangerous criminal activities have often led to emergency custody orders. Look at cases where courts ruled swiftly to remove children from situations involving unlawful conduct and potential harm. 
 
Consider decisions like In re Rocco M. (1991) 1 Cal.App.4th 814, where the court recognized the importance of intervening when a child’s well-being was clearly at risk. Another case, In re Alexis E. (2009) 171 Cal.App.4th 438, demonstrates how the court evaluated the fitness of a parent engaging in harmful behaviors. Such precedents highlight that the presence of criminal elements can influence the court’s decision to grant emergency custody. 
 
You could also note instances from In re A.F. (2016) 3 Cal.App.5th 283, where the child’s welfare took priority over any parental rights. Applying similar reasoning, the court may be compelled to act quickly if presented with credible evidence of child endangerment. When coupled with documented concerns regarding the parent’s environment and caretaking ability, these references may guide your emergency order request.

Q: hello my wife abandoned our marriage 11 days after we married, she gave birth to our baby and has been concealing her