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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11842
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Temp Guardianship vs. Physical & legal custody of obtained

Customer Question

Temp Guardianship vs. Physical & legal custody of obtained from TRO.
Temp Guardianship granted in Fresno county to child's Uncle on 9-17 through malicious intent as my son was abducted from me by my mother.
Phy and Legal granted in Sacramento county to childs mother through TRO.
Which order rules?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
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Expert: replied 1 year ago.

The short answer is:

The most recent TRO takes precedence with respect to enforceability under California Family Code §6383(h).

The Court should have asked if there were other TROs outstanding and made a decision with that in mind. When conflicting orders are issued, parties may petition the court to resolve the conflict. If there is a custody proceeding pending, petition may be made to that court to reassert its preeminence in resolving the conflicting TROs on the child custody issue.

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