Family Law Questions? Ask a Family Lawyer Online.
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.
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:
All of these forms can be found on the California court's website.
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.
I'm sorry, I cannot offer live phone calls. But if you have additional questions, I can keep answering.
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.
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.
I would just calling the police then to get your child back.
There is no reason why you should lose guardianship of your child. Please remember to provide positive feedback.
If you are concerned, you should make sure the police are there.
Okay, that sounds good. Please remember to provide positive feedback or else I do not get credit for the answer.
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