If I have filed for an ex parte through my attorney. And my ex the petitioner is keeping my child from me. Even w/ a sheriff

Asked over 1 year ago - Moreno Valley, CA

Request. (Mind you my ex parte was denied) what can I do I haven't seen my child in a few weeks, I'm not sure if my attorney dropped the ball or what. Any ideas to get my daughter back in my arms.... PLEASE SHARE!
Thank you, Empty Armed Daddy

Attorney answers (1)

  1. Holly J Moore

    Pro

    Contributor Level 10

    Answered . I really feel for you, I have had countless clients in this same position, and it is utterly heart breaking. Unfortunately the ONLY way the court will hear an Ex Parte on that type of issue is if the children are at serious risk (I had kids living in a car with mom before and the court thought that was safe enough to not act Ex Parte) so your attorney probably did the best they could but that is just the reality on an Ex Parte basis. Unfortunately there is very little you can do before the hearing except continue to POLITELY request to see your child(ren) and document every unanswered or denied request. When you do finally get to court your attorney REALLY needs to drive home all the legal authority that says the parent that can share better gets custody, and hope that these antics backfire on the other parent and earn you primary custody. A good attorney can turn this situation around to benefit you (and in turn the child) in the end.

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