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Thelawman2
Thelawman2, Attorney
Category: Family Law
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Experience:  Attorney-at-Law
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6 months ago my husband was convicted of 273.5 Felony. The

Customer Question

6 months ago my husband was convicted of 273.5 Felony. The attack left me incapacitated. I have capacity and strength again and have asked his mother for my child to live with myself. She stated no. i asked for a case #***** she did not provide one. Husband states she went to court when he was in jail and I was disabled and got Temp Guardianship.
My husband has been allowed by his mother to have my daughter unsupervised and I ask him to bring her over, he can go to jail for doing that, but I'm better now and I'm going to take my daughter home from the park.
He will call his mommy, but I have not seen or gone before a court any documentation that there is a temp Guardian ship.
I risk my safety but This has gone on too long.
CALIFORNIA
Submitted: 2 months ago.
Category: Family Law
Customer: replied 2 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Thelawman2 replied 2 months ago.

Hello, my name is ***** ***** I will be helping you today. What you need to do is petition the court for custody of your child. The form you need to fill out is found at the following link: http://www.courts.ca.gov/documents/fl260.pdf.

You also need to fill out a Summons: http://www.courts.ca.gov/documents/fl210.pdf

And a Delcaration Under Uniform Child Custody Jurisdiction and Enforcement Act: http://www.courts.ca.gov/documents/fl105.pdf

You can have someone at the court's family law center help you review the paperwork. You could also hire your own lawyer to have this paperwork filled out.

Then you make at least two copies of all these forms. One is for you and another copy is for your husband. The original will be going to the court. You file the forms with the court clerk and you may have to pay a filing fee.

Then you serve the papers on your husband you filed with the court on your husband along with blank forms of the following: http://www.courts.ca.gov/documents/fl270.pdf and http://www.courts.ca.gov/documents/fl105.pdf. You need to have a process server serve the papers; you cannot do it personally. You will have the server fill out the proof of service summons at the following link: http://www.courts.ca.gov/documents/fl115.pdf. You will file this with the court. A case will then be opened.

Expert:  Thelawman2 replied 2 months ago.

After your case is opened, you will need to request an order. Here are the instructions provided by the California court system for doing so:

The most common way to ask for a court date on custody issues is:

  1. Fill out your court forms
    Fill out the Request for Order (Form FL-300). You can use the Information Sheet for Request for Order (Form FL-300-INFO) for information. Ask your family law facilitator if you need to check the boxes for “Court Order” and item 4 on FL-300.

     

    You can also fill out the Child Custody and Visitation (Parenting Time) Application Attachment (Form FL-311). It is an optional form (you do not have to use it), but you may find it helpful in making sure you do not leave anything out of your request. It contains a lot of detail about schedules for visits and holidays, as well as other details that can help you as you try to do what is best for your children.

     

    If you have prepared a parenting plan or proposal for the custody and visitation orders you would like the judge to make, attach that too. Make sure you use the right case number ***** your custody case.

     

    Note: A Request for Order (Form FL-300) does not necessarily mean the other side has to show up to the court hearing. In some cases, you may want or need the other side to come to court. To find out more about how to make sure they come to court or whether it would be helpful in your case, click to learn about Notices to Attend a Hearing and Subpoenas.

     

  2. Have your forms reviewed
    If your court’s family law facilitator or self-help center helps people with custody and visitation cases, ask him or her to review your paperwork. The facilitator can make sure you filled it out properly before you move ahead with your case.

     

    You can also hire your own lawyer to review your papers or to get legal advice, either with your entire case, or just the parts of it that you may need more help with (called “limited scope representation” or “unbundling”). Click forhelp finding a lawyer. Click to learn more about “limited scope representation.”

     

  3. Make at least 2 copies of all your forms
    One copy will be for you; another copy will be for your child’s other parent. The original is for the court.

     

  4. File your forms with the court clerk
    Turn in your forms to the court clerk. He or she will keep the original and return the copies to you, stamped “Filed.” You will have to pay a filing fee. If you cannot afford the fee, you can ask for a fee waiver.

     

  5. Get your court date or mediation date
    The clerk will probably give you a court date. You may have to meet with the mediator before the court date or go to a mediation orientation. Ask the clerk if you are not sure.

     

  6. Serve your papers on the other parent
    Have someone (NOT you) serve the other parent with a copy of your papers and a blank Responsive Declaration to Request for Order (Form FL-320) before your court date. Look at the front of Form FL-300 to see if the court ordered you to serve any other documents. Click for more information about “service."

     

    • If you filed a Request for Order (Form FL-300) with the box for "Court Order" and Item 4 checked, your papers MUST be served in person at least 16 court days before your court date.

       

    • If you filed a Request for Order (Form FL-300) with NO check marks on the box for "Court Order" nor on Item 4, you can probably serve the other parent (and the LCSA if involved) by mail. But if you serve by mail, you must do it at least 16 court days before the hearing plus 5 calendar days for mailing. Ask thefamily law facilitator or self-help center if you are not sure if you can serve your papers by mail

     

  7. File your Proof of Service
    Have your server fill out a proof of service (you can use Proof of Personal Service (Form FL-330) and give it to you so you can file it with the court. It is very important that your server fills out the Proof of Service correctly. If possible, have your family law facilitator review it to make sure it was filled out properly. If you were allowed to, and did, serve the papers by mail, have your server fill out the Proof of Service by Mail (Form FL-335).

     

  8. Go to your mediation and court hearing
    Go to mediation before your court date if the rules in your local court require it. If you do not reach an agreement in mediation, go to your court hearing and take a copy of all your papers and your Proof of Service.
Expert:  Thelawman2 replied 2 months ago.

All of these forms can be found on the California court's website.

Customer: replied 2 months ago.
Why can't Itake my daughter home? Her grandmother isn't her custody
Expert:  Thelawman2 replied 2 months ago.

Unfortunately, it is because of the temporary guardianship order. It is a court order that cannot be violated. You just have to go to court to have it adjusted.

Expert:  Thelawman2 replied 2 months ago.

I'm sorry, I cannot offer live phone calls. But if you have additional questions, I can keep answering.

Customer: replied 2 months ago.
Can you call me? Too hard to keep up with so much info. Thank you
Expert:  Thelawman2 replied 2 months ago.

I'm sorry, as I stated, I do not offer phone calls. However, as I stated in my other answer to you, you might want to contact the police because there might not actually be a temporary guardianship order. And if there is, this would be the way for you to see it.

Expert:  Thelawman2 replied 2 months ago.

I hope this has been helpful. If so, please provide positive feedback and I wish you the best of luck. If you were never served any papers regarding this temporary guardianship order, then most likely, it is not real.

Customer: replied 2 months ago.
I've not seen this temp court order. And my ex and his mother could just be lies. Besides my husband has a 100 yard restraining order if he breaks that jail again. So he's not going to call the cops.
Customer: replied 2 months ago.
He's not supposed to have unsupervised visits
Expert:  Thelawman2 replied 2 months ago.

I would just calling the police then to get your child back.

Customer: replied 2 months ago.
He says she's doing guardian ship in Nov. and has asked me to not fight it.
Customer: replied 2 months ago.
I'm fighting
Expert:  Thelawman2 replied 2 months ago.

There is no reason why you should lose guardianship of your child. Please remember to provide positive feedback.

Customer: replied 2 months ago.
I'm going to have her safe in my home first because of his violence and three hours of torture he did to me I don't trust that he won't take her out of my arms and drive off with her
Expert:  Thelawman2 replied 2 months ago.

If you are concerned, you should make sure the police are there.

Customer: replied 2 months ago.
The cops are usually around they know his capability of violence and have been helpful in order to protect me
Expert:  Thelawman2 replied 2 months ago.

Okay, that sounds good. Please remember to provide positive feedback or else I do not get credit for the answer.

Expert:  Thelawman2 replied 2 months ago.

Please rate my answers 5-stars if you have found my answers helpful!

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