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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2512
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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I have a friend that had a court hearing today in Riverside,

Customer Question

I have a friend that had a court hearing today in Riverside, CA for the matters of child custody and visitation. He was given every other weekend with his 10 & 14 year old boys along with holidays shared by him and his ex. In addition, the judge mandated that the boys must spend the weekends with their father, and they do not have a choice. Therefore, based on the hearing today he would have the the 1st and 3rd weekend (this weekend) of the month. In addition, the boys have two weeks for spring break starting tomorrow. He will have the first week, and mom will have the second week based on his hearing.Based on the aforementioned, the oldest has protested and refuses to go with his father while mom refuses to communicate or allow him to pick up. Obviously, with signed orders the sherriff’s department would enforce. Unfortunately, since the hearing was today, orders were made but nothing was signed and the weekend is quickly approaching. I know there is a file called Findings and Order After Hearing (form FL-340), though what is the process to get this signed, and in an expedited manner? Can it be done in one day? If so, how do you do that? What documents need to be included with FL-340. If orders can not be obtained through normal means, would he need to file an ex parte and get orders the same day if the court accepts his request?Thanks,Mike(###) ###-####
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Kincaid replied 1 year ago.

In my experience, there is no quick way to get the order signed, unless there is an emergency that threatens the chlid's safety (unless you get it signed on the day of the hearing, which you were unable to do.) The process for getting an order signed is to prepare it and send it to the courthouse either after both parties have signed it, or after you send it to the other party and give the other party the chance to object to it. In my experience, specifically in Riverside, that can take several months. If there i an emergency, you can bring the action as an ex parte hearing and ask that the Court enter the order on an emergency basis, but this does not usually happen unless you can show an emergency that threatens the child's safety. You could also set another hearing for presenting the order and hope that you get in faster than you would by imply sending the order to the court. Do you have any other questions?