I need to file some sort of declaration to ask the court for some temporary time with him, or to at least be able to call him on the phone. my wife is living in an adulterous relationship in MY apartment and there are no domestic violence or other issues she is just mean, vindictive and treats my son as property and will only let me see him if she has something to do, or wants alone time with her boyfriend. My son is 3 and runs away and neighbors have to bring him back. He is in danger and I need to protect him.
Filing for dissolution is not the same as filing a Request for Orders for custody and visitation. Once you file your divorce papers, the court does not set an hearing date so you can discuss custody issues--you must file an RFO for custody and visitation. The links below will explain how to do that, as well as provide you with other relevant information. Good luck.
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Family Law Attorney
If you are seeking immediate time with your son, it would be worth considering filing and serving a Request for Order for Custody/Visitation and Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) concurrently with your Petition for Dissolution.
When you file your Request for Order, you will be given a law and motion hearing date for the court to hear your request for custody/visitation. Unfortunately, depending on your county, the hearing could be set out a few weeks or even a month from your filing date. If your son is truly in danger, I suggest you contact an experienced family-law attorney right away who can advise you on your options.
PLEASE READ-- The information provided in this answer is intended for GENERAL INFORMATION only. Under no circumstance is this "Answer" intended to be construed as legal advice in any way. If you wish to obtain legal advice, I recommend you contact a licensed attorney in your area to discuss the particular facts of your case.
Family Law Attorney
I agree with the great advice provided by counsel, I would only add that you should consult with experienced family law counsel to at least help you with the preparation of your declaration in support of the request for order. It will go a very long way in achieving success in your endevour to have time with your son. If you found this helpful and/or the best answer, please let the attorney know and check the box on the bottom indicating so. Thank you and best of luck.
Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.
Child Custody Lawyer
You need to file a Request for Orders to request the a parenting plan (saying which of you has th child when). And you need to do it AS SOON AS POSSIBLE because courts like to keep the children in the same parenting plan. In other words; The longer the time you are not seeing the child, the more it becomes the status quo that she is the primary parent and that you should only have visitation. Hiring a local artrorney, if only just to write your Request for Orders, would help you make your best case.
Thomas Neil is a Sacramento attorney, with 20 years experience, representing clients in court in Sacramento, the Bay Area, and surrounding counties. Or, if you cannot afford full representation then Mr. Neil can instead write you the forms and declaration you need, help you serve them, and tell you what to say and you can go to court by yourself. A well written declaration by an attorney, supported by proper evidence, will GREATLY increase your chances of success in court. Our office takes credit cards.
Thomas A Neil
3224 El Camino Avenue
Sacramento, CA 95821