Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

I want to file for custody of my two children. I am not married.

Customer Question
I want to file for...
I want to file for custody of my two children. I am not married. I have had the chidlren for most of the last 4 months and the mother is threatening to take the kids and moving to chicago. I want to file for custody but not have to wait for 2 months. How would I file for ex-parte? what forms would I need?
Submitted: 5 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 9 minutes by:
6/7/2012
Family Lawyer: AttorneyTom, Lawyer replied 5 years ago
AttorneyTom
AttorneyTom, Lawyer
Category: Family Law
Satisfied Customers: 9,176
Experience: Attorney
Verified
Hello. Thank you for coming to JustAnswer. I am Thoreau and I am sending this answer to you only a few minutes after you asked your question.
I'm very sorry to hear about the situation. If there's an imminent risk that a child will be removed from the area, that can support an emergency temporary custody petition. The relevant forms are FL-300, FL-305, FL-310, and MC-030. Such forms can be obtained online or at the Clerk of Court's Office. You can find forms and instructions for such petitions here: http://www.courts.ca.gov/1185.htm.
I again want to emphasize how sorry I am that you and your family are going through that and I hope that it works out in the best manner for you and your children. Good luck to you and your family.
Ask Your Own Family Law Question
Customer reply replied 5 years ago
How do I obtain an emergency temproary custody petition? Are there other forms for ex-parte hearing?
Family Lawyer: AttorneyTom, Lawyer replied 5 years ago
Thank you for your message. Ex-parte simply means that it's done without the other party present. It's not a special type of relief. Instead, ex-parte just indicates that, due to the emergency nature of the situation, the other party will not have an immediate opportunity to respond. This is the case with emergency temporary petitions because of the emergency nature of the petitions. It allows for faster action on the court's part. A court date can will then be scheduled at a later date so that the other party can respond.
You can get the forms to file a petition at the Clerk of Court's Office in your county. Alternatively, you can find forms online, along with instructions for filing them, here: http://www.courts.ca.gov/1185.htm
I hope that everything works out well for you and your children.
AttorneyTom
AttorneyTom, Lawyer
Category: Family Law
Satisfied Customers: 9,176
Experience: Attorney
Verified
AttorneyTom and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask AttorneyTom Your Own Question
AttorneyTom
AttorneyTom
AttorneyTom, Lawyer
Category: Family Law
Satisfied Customers: 9,176
9,176 Satisfied Customers
Experience: Attorney

AttorneyTom is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My boyfriend is threatening me to cancel my son's birthday
Hello, my boyfriend is threatening me to cancel my son's birthday party at his dance studio tomorrow after agreeing to provide the space 2 months ago. We have decided today to officially separate and … read more
Sue
Sue
Juris Doctorate
184 satisfied customers
I was physically threatened at the school bus by another
i was physically threatened at the school bus by another parent is there anything i can do … read more
LegalGems
LegalGems
Juris Doctorate
10,153 satisfied customers
I'm in arizona. My husband is threatening divorce, I'm not
Hi I'm in arizona. My husband is threatening divorce, I'm not sure if he's taking action. I had a trip planned tomorrow and he says if I leave he will say I abandoned my 1.5 yr old daughter and get cu… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My boyfriend threatened to ruin my life after he moves out.
My boyfriend threatened to ruin my life after he moves out … read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,414 satisfied customers
My wife is threatening to leave me and take our children.
My wife is threatening to leave me and take our children. I've caught her in numerous lies. She lost her car and has been using my car and staying gone all night until morning. One morning she came ho… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,397 satisfied customers
My mother is threatening legal action against me because I
My mother is threatening legal action against me because I denied her visitation with my daughter … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,818 satisfied customers
I am curious if a threatening boyfriend falls under family
Hi I am curious if a threatening boyfriend falls under family law jurisdiction? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
My son and his girlfriend (both 15) were threatened multiple
HI - My son and his girlfriend (both 15) were threatened multiple times via text messaging. My son's life was threatened 2x and his girlfriend received graphic texts of how they were going to rape her… read more
Expert James
Expert James
Doctoral Degree
11,528 satisfied customers
My former boy friend threatens to order a paternity test on
My former boy friend threatens to order a paternity test on my newborn baby, I am afraid he will take the baby away. Can I deny the paternity test without getting the rough of the court? I am in Georg… read more
LegalGems
LegalGems
Juris Doctorate
10,153 satisfied customers
My wife wants all our assets and is threatened to contact a
My wife wants all our assets and is threatened to contact a lawyer. I could get messy what should I do to survive … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,029 satisfied customers
Had a previous post about how bf's ex/baby mama threatened
Had a previous post about how bf's ex/baby mama threatened to keep their son because he's removing her off his insurance policy (after 3 years of them splitting). Apparently, this isn't extortion, jus… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,051 satisfied customers
We are being threatened with eviction i am custodial parent
we are being threatened with eviction i am custodial parent of two children one autistic. Rent must be paid at beginning of month and child support comes in two three installments. It must be paid at … read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
180 satisfied customers
My husband is always threatening divorce. I recently
My husband is always threatening divorce. I recently inherited two houses. Can he take them if my name is ***** ***** deeds. I just got a low paying job and he demands that I put the money in our join… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,423 satisfied customers
Non custodial parent is threatening to tell our child/have
Non custodial parent is threatening to tell our child/have someone else tell our child (it is my fault) if he/she lands in jail for not following court orders in paying child support, etc. Is there a … read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
I'm a married man o about 25 years my wife is threatening
I'm a married man o about 25 years my wife is threatening divorce she controls my finances through ca. Ca. As . Dis. She has put us in dept useing my name as primary on some cards and I've only ordere… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My finances father is threatening to take her daughter
My finances father is threatening to take her daughter because she is staring to complain that he has not kept up with the verbal agreement they made out when she was born … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
The attorney of the child's mother is threatening the father
The attorney of the child's mother is threatening the father with an "emergency motion" This is over the fact that the father agreed to a switch in weekends and now can no longer do that. The father h… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Second opinion] I feel my children's mothers are threatening
Second opinion] I feel my children's mothers are threatening towards me and my fiancé . How do I handle this?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x