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family law, procedure for getting temporary child custody riverside CA
Riverside, CA
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Posted about 1 year ago in Child Custody
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child custody:
I am married with two kids one 13 one 11. I want to leave my husband but he won't let me take the kids. I work half the week away from home and half week at home so we share taking the kids to school and picking them up. If I leave and take the kids when he's not there he will go through the roof. Yesterday I was ready to leave after a big fight but he said leave but you are not taking the kids so I'm stuck staying. If I leave after a fight and then tell him I will pick them up the next day does that go against me? Would that hurt my case when I file for 50/50 custody? If I take them when he's not there, the next day he can pick them up from school and then I can do the same the next day. What do you suggest? I am desperate. I do have a parenting agreement he over a year ago when we were having big problems but it is dated 6/2007. On there it lists the days he would have them and the day I would have them. I know it is nothing without a court order but if I take it to the court to file for temporary order do you think they will take it since it is over a year old? If I go to file it how soon can that be approved in Riverside CA, Courts?
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Answers (1)
Kelly Chang Rickert
This attorney is licensed in California.
Posted about 1 year ago.
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First off, are you guys divorced? Has there been divorce proceedings filed? When you are talking about this parenting plan from 6/2007, was that ever filed?
First, if there is nothing on file, and you guys are still married, then there are simply no orders. Which basically means either of you can take the children whichever days you want. If you are married, both of you have equal parenting rights and equal standing to the children. HOWEVER, be forewarned that the other party can file for divorce and go in ex parte for orders which will restrain you, and your conduct will immediately be restrained. Secondly, custody is more than likely "status quo", meaning, if you have had this agreement for over a year, it is what the children are used to. Stability and continuity go to the "best interests of chlidren". Children need a stable, loving home, ESPECIALLY if parents are undergoing a divorce. Thus, you do not want to disrupt anything. That being said, the longer a parenting plan is in place, the more difficult it is to challenge...so if you want changes, you need to act fast and now. |
