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In divorce. Filed for primary physical custody, judge ordered temp 50-50. Other parent now being evicted. what happens to child?

Carlsbad, CA |

My ex stayed behind in our apartment, after our lease expired and is now facing eviction. he is chronically unemployed. I asked for primary custody, but judge ordered temporary 50-50 until a custody evaluation could take place. He is now being evicted and has no money and nowhere to go locally. Can I file for primary physical custody until he gets back on his feet? He is psychologically abusive and controlling and will not voluntarily allow our child to stay with me through this. I am most concerned for our daughter, 5 years old. I do not want them to be evicted during one of her visits with him. Meanwhile, he has had 10 months to find work and has done nothing. Expects me to pay for everything, using our 'daughter's best interest' as the reason I should. What can I do?

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Attorney answers 3


If your ex will be evicted before you appear in court before a judge to determine custody and visitation, you can appear ex-parte to inform the judge about the imminent eviction and the fact that you do not want your child to be the victim of this situation. If ex has a place to go once he is evicted from the apartment (family, friend, etc.) and the place is deemed a safe environment for the child, you might not get full physical custody. You are missing some relevant facts in your question, so it might be a good idea to consult with an attorney before you appear ex-parte (if you decide to do so).

This is not legal advice and a client-attorney relationship is not created as a result of this communication. For a free consultation call 619-752-0125 or email at Se habla Español.


Did you live together in Irvine?

My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.


However, from the facts listed here, it appears that you need to bring this case in sooner and to do so, you should consult with a local family lawyer. He or she will know what needs to be done in this situation, like getting this case to the judge ex-parte or other emergency measures to make sure your child is safe and is not part of the eviction process. Your best bet would be to bring a lawyer on board to help you in this difficult situation. Best of luck to you!

Tina Tran, Esq. is licensed to practice law in the State of California. 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 with Tina Tran, Esq. To schedule a consultation, please call (925) 357-0431. Thank you.

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