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When does the parent that lost in trial have to turn over the children to the other parent?

Sacramento, CA |

I had trial on Friday and the judge reversed the custody of my 2 children over to the father. He has been harrassing me everday since then stating that he now has custody and is trying to take the kids from home by 7pm tonight. I was instructed that I have 10+ days until an order after the hearing is filed by his attorney before I have to turn my children over to him. My children are scared to death what do I do? I am trying to do the best I can right now considering the circumstances, but I do not believe that I should have to endure his threats. Please help me asap

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Attorney answers 2


The court, when it made the order, should have and probably did say when it was effective. Unless there was a specific delay, you most likely had to turn the children over forthwith. Contact your attorney, if you had one. If not, go to the self-help desk at the court house and have them look at the minute order and tell you if there is a specific date and time for the exchange.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on as such. This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state and even county by county. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws, local rules and the area of practice in which your concern lies. Each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.



Thank you so much for your response. I did have an attorney who advised me that I had 10+ days until he received a document from the court. Now he's advising me to turn over my children immediately because the other attorney is going to file an emergency action against me even though I agreed to turn over my children today. What do I do? I am at a loss and seems that I keep getting screwed no matter what I do?


It depends on the language of the Court order. However, you need to comply with the Court order or you may be found in contempt. If you do not agree- you need to file an ex parte motion for reconsideration or on new grounds.

Feel free to contact me at 916-965-4577. I would have to see the Court order and find out more about your situation.

I have a variety of payment options, from the traditional retainer/hourly, to a flat fee service where you pay one time and I do a certain task for you, or we can prepare the documents so you can go to Court yourself.

Nothing in this answer is intended to create an attorney client relationship.

Paula Brown Sinclair

Paula Brown Sinclair


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