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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28035
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My husband made false allegations against me and got me

Customer Question

My husband made false allegations against me and got me arrested then he was granted s restraining order and I have to stay away from my baby. I nurse her. I am a professional and have never been in trouble with the law. My daughter would be traumatized to be away from me. She would be emotionally distraught and her day care would change. I'm devastated. He's seeking to destroy me! What can I do right now to keep my baby?
JA: Family law varies by state. What state are you in?
Customer: Ca
JA: Have you talked to a laywer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: My husband lied. He stole from me. Now he gets to drive a car that I got before we married and he gets to live in a house that is solely in my name. He doesn't pay the mortgage or car note but I'm mostly concerned that he's taking my daughter. Isn't there an emergency order for s hearing that can stop this so I'm not away from her for three weeks?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good morning. I am sorry to hear about what you are going through. Just to be clear, a hearing was not yet set on this? He simply filed for it and it was granted?

Customer: replied 1 year ago.
A hearing date was set for three weeks from now.What do I do right now?
Expert:  FamilyAnswer replied 1 year ago.

Right now, an emergency motion needs to be filed with the court. If you are nursing the baby, she clearly needs to be in your care and you should not be forced to have to bottle feed her, just because the father lied. The motion should allow you to go before the Judge and have the child temporarily, until the hearing with your husband, where evidence and testimony can be heard by the Judge and considered, to determine if this should be imposed.

Customer: replied 1 year ago.
Okay. She's 15 months. I nurse her at night and she drinks milk from a cup during the day. Nursing is emotional now for her that's why she still does it. She crys and wakes up in the night a few times for it. When I'm not working she's always nursing.I'm also concerned that her childcare will change. My mom has cared for her since she was 6wks old for 13 hours a day. We worked long hours. Now I work eight to nine hour days but my daughter is completely bonded to my mother and the change would devastate her and cause her unnecessary emotional trauma just as it would to have her taken away from me for 3 weeks.He's just trying to ruin me. I just started a new job and now I have to take off to fix this and risk my reputation and career in education over lies!!!!!!!How do I get the emergency order?
Expert:  FamilyAnswer replied 1 year ago.

I know how hard this can be. A Judge is always going to act in the best interest of the child and once all this is presented to him/her, the court is likely to modify the order and place the child with you. Keep in mind, that if the father lied and a hearing has yet to be set, the court can only go by what is stated in the motion that was filed. However, you can go to the clerk of court this morning and advise them of the situation, the need to get before the judge since a child is involved, prior to the 3 weeks and ask for the form to file out and to set an emergency hearing, on the matter.

Customer: replied 1 year ago.
Clerk of court? Is that the same place where I filed the restraining order? I wanted him out of the house that he torn down the doors to and he comes in late in the night/early in the morning to harass me and deprive my daughter and me of sleep and he won't go to another room. I feel so unsafe that my family takes shifts staying with me. He called and lied 4-5 times to the police. When they came out the last time, they arrested me because he said I threw a book at him. He beat me to the courthouse to file the restraining order. He knows what to do because several people have filed restraining orders against him in the past.If there are several in the county, do I go to the one where he filed the restraining order?
Expert:  FamilyAnswer replied 1 year ago.

Yes, that is where you would go and Yes, you would go to the court house where this was filed and pending.

Customer: replied 1 year ago.
When would I find out an answer?Do I need a lawyer?What is the form?
Expert:  FamilyAnswer replied 1 year ago.

You do not need an answer. Once you file the motion and speak with the clerk, they will advise you as to setting this for hearing. Once a hearing is set, you need to send him notice, since he does have a right to be heard and then the Judge will decide. You want to ask for the form/motion for an emergency hearing regarding custody custody.

Customer: replied 1 year ago.
Does filing the emergency request ensure that my baby will not be taken now?He's good at this. He lied on me... Can't he meet me up there and demand my baby? I know that's what he'll do. I fear him!!!!!
Expert:  FamilyAnswer replied 1 year ago.

I am sorry but it does not. Until the Judge hears it, the other order would have effect. If you withheld the baby from him, then he could call the police.

Customer: replied 1 year ago.
Is the form simple to fill out or is it a packet like a restraining order?When will the judge make his decision? It's an emergency!So, he could meet me there knowing that it is likely that I would request an emergency hearing and demand the baby on the spot? Don't they give me 24 hours or something respectable? Can my mom still care for The baby while he is at work? Will that have to change?
Expert:  FamilyAnswer replied 1 year ago.

You will be able to fill it out and need to advise the Judge as to why this needs to be heard. The Judge will make his decision at the hearing, which should be set and heard within the next few days. if the order requires you to turn over the baby to him, on a certain day and at a certain time, it needs to be complied with, at this point.

Customer: replied 1 year ago.
Does the child care change?
Customer: replied 1 year ago.
Will the child care have to change?
Expert:  FamilyAnswer replied 1 year ago.

That can be addressed with the Judge. If child care is needed and your mother cares for the baby, you can ask that it remains in effect, since she is who the child is most comfortable with. Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.