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My boyfriend's ex-wife has filed to get sole custody of his…

My boyfriend's ex-wife has filed...
My boyfriend's ex-wife has filed to get sole custody of his son. We live in California. We want to find out if he can still honor his custody agreement as it stands right now? There's actually a lot of facets to this question and background behind it. My question is is that if there is a custody agreement in place... Even though his ex-wife has filed for this motion... Can he still get his son? On this coming Monday which would be his day?
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8/31/2017
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,394
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Customer reply replied 10 months ago
Hello

Good afternoon. If there is still a custody agreement in place, it would control and he would be allowed to get his son. The fact that the mother filed and is trying to get sole custody and modify the agreement, does not mean the current agreement no longer has legal effect. Unless and until the Judge orders something otherwise, the current agreement would control.

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Customer reply replied 10 months ago
He was told that they are filing the paperwork tomorrow. Is that something that would change the custody agreement tomorrow? Or does it have to go before a judge?

No, it would not. The filing of the paperwork does not change anything. A change would have to be something that is ordered by the Judge. Now, if they filed and were able to get the Judge to sign a temporary order, that would be different but unless that happens, the filing alone would not change anything.

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Customer reply replied 10 months ago
basically we need to wait until tomorrow to see what happens? If there is a temporary order put in place? Will he be notified?

Yes, he would. He would be served with it and it would be signed by the Judge. She is going to file and he will eventually be served and that will start the process and require him to respond and contest this.

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Customer reply replied 10 months ago
until a temporary order is filed the original custody agreement remains in place right? Unless the judge gives a temporary order... In which she would be served tomorrow? Being a Friday before a holiday weekend?

Yes, that is correct. Just because they file tomorrow, does not mean the will be service, so it could happen next week.

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Customer reply replied 10 months ago
what you're saying is is that he should stick to the original custody agreement and get his son on Monday as scheduled... Unless he gets served with a temporary order? What if his ex-wife doesn't let him?

Yes, that is correct. If she does not let him, he can call the police and show them the agreement and see if they would get involved and help but if not, he could file a motion against her and look to have her held in contempt.

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Customer reply replied 10 months ago
Okay thank you. You've given me a lot of information that was much needed. I appreciate it.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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Thank you. I do need you to rate my help though at the top of the page so the site provides me with the proper credit. Thank you again
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