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My ex filed emergency temporary custody of my kids but he is…

Customer Question
My ex filed emergency...

My ex filed emergency temporary custody of my kids but he is not on the birth certificate of my 4 yr old and I have full custody and youngest isn't HIS... What can I do

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No.. I don't know what to do He has a lawyer and uses that against me I have no idea where my kids are and he won't let me see them or speak to them

Lawyer's Assistant: Family law varies by state. What state are you in?

California

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Everything he stated in the paperwork is false

Submitted: 2 months ago.Category: Family Law
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Answered in 3 hours by:
4/2/2018
Family Lawyer: LegalGems, Lawyer replied 2 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,336
Experience: Experienced Family Law Attorney
Verified
to be clear there is no acknowledgement of paternity and no court order for paternity?When will the court decide the issue?
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Customer reply replied 2 months ago
Nope and we have court on the 16th I believe...Isn't this considered kidnapping?
Customer reply replied 2 months ago
I keep getting phone calls saying to just forget my kids and text messages I believe are saying he took my kids out of state.He had threatened to take them before. When I got a restraining order
Family Lawyer: LegalGems, Lawyer replied 2 months ago
If the parents are not married and no court orders have been entered only the mother is the legal parent in the eyes of the law.
https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=13&cad=rja&uact=8&ved=0ahUKEwjck87IxpvaAhVKON8KHSHOB7AQFghrMAw&url=http%3A%2F%2Fwww.courts.ca.gov%2Fselfhelp-parentage.htm&usg=AOvVaw0VOoJiBxruU1SbCschTTSPThe mother can file for sole legal custody and a request for determination of paternity to get child support along with an ex parte request for the other party to return the children. If the party violates the order they can be held in contempt of court.
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Family Lawyer: LegalGems, Lawyer replied 2 months ago
For kidnapping statutes please seehttps://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=9.&part=1.&chapter=4.&article=A police report can be filed and they will typically assist with the return of the child.
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Customer reply replied 2 months ago
I can file a report and go get them?
Family Lawyer: LegalGems, Lawyer replied 2 months ago

Normally if a report is filed the local law enforcement will handle it to help diffuse the situation or at least accompany the parent.

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Family Lawyer: LegalGems, Lawyer replied 2 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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Customer reply replied 2 months ago
Is he allowed to keep the whereabouts of my kids from me n can he not let me speak 2 them?
Family Lawyer: LegalGems, Lawyer replied 2 months ago

A father that does not have a custody/visitation order and was never married to the mother does not have legal rights to the children.

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Customer reply replied 2 months ago
Ok so this is illegal??
Family Lawyer: LegalGems, Lawyer replied 2 months ago

Yes unless there is a court order in effect.

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Customer reply replied 2 months ago
Well he filed emergency custody. But from what I understand he shouldn't have been granted it due to him not having any rights
Family Lawyer: LegalGems, Lawyer replied 2 months ago

If the court did grant emergency custody then that would be applicable until it is terminated or modified.

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Customer reply replied 2 months ago
Even if he's not on either birth certificates?
Family Lawyer: LegalGems, Lawyer replied 2 months ago

Normally the court won't enter custody orders unless there is an acknowledgement of paternity or a paternity order; if the custody order was entered without that, it can be challenged.

But until it is challenged law enforcement will enforce any custody orders in effect that are issued by the court.

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Customer reply replied 2 months ago
Ex filed temp emergency ex parte. Has no legal rights to my children and isn't on either b.c. history of domestic violence and threats to hurt/kill me and leave the state. I have full custody of my kids. my ex won't tell me where they are who they are with or let me see or talk to them. Instead I'm getting harrassed saying to leave him alone forget my kids and that I'm going to be hurt
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