Ex Parte Custody Hearing

[madz]

What is the name of your state? CA

My hubby is planning on filing for an ex parte hearing for full physical and legal custody of his children (with whom he currently has weekend visitation) for contempt of court and educational neglect. (Note: He has taken the mother to court and has been seeking full custody for over a year now and they have a mediation scheduled for March pending the completion of co-parenting classes. This is not just "something new" that he wants his kids full-time.)The evidence is there for his 13 yr old daughter and feels he's got a really good chance at winning this BUT he is uncertain about whether he'll be granted custody of his 8 yr old son. The mother is currently on probation with the county superior court for attendance issues with the son but since the hearing the son has not missed any school. His grades are also a little bit better than they were. Here's the thing, if the court feels the mother is in contempt and educationally neglecting the daughter and granted my husband custody, we don't know if they would send the son as well. I don't believe they would get split up but I don't know too much about court procedures and regular practices either. My husband's other question is: if the mother is violating the legal rights of the father and by doing so is failing to provide the dtr with an adequate education, is it likely that all legal rights would temporarily be given to the father pending the latter hearing? It makes sense to me that if she were allowed to retain her legal rights, they'd both be back in forth in court for their own version of "contempt".

 

[Bloopy]

An ex parte hearing is for serious or at least time-sensitive emergencies.

This does not qualify and could make Dad look silly when there is already a date in the works.

 

[Ohiogal]

I agree with bloopy. HE will never get an ex parte ruling on a change of custody for these reasons. The children are NOT in immediate danger.

 

[LdiJ]

I agree with bloopy. HE will never get an ex parte ruling on a change of custody for these reasons. The children are NOT in immediate danger.

I agree as well. There is already an ongoing case for a modification of custody. Filing an ex parte, when there is no emergency, might even tick off the judge.

 

[Ohiogal]

I agree as well. There is already an ongoing case for a modification of custody. Filing an ex parte, when there is no emergency, might even tick off the judge.

Which could lead to OP paying all of ex's attorney fees and being further sanctioned for filing a frivolous motion and end up with him losing at the custody hearing later this year. Daughter not being in school is another issue but there are ways to deal with that -- contempt, asking the school to intervene on re: truancy and doing everything dad can to insure that daughter is keeping up with her work while with him -- as in he be in contact with the schools of both children, get homework assignments which he then works on with the children on his time, and obtaining progress reports at least weekly.