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Filing for Temporary Custody?

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What is the name of your state (only U.S. law)? CA

My other thread was closed, but this is about something else.

My attorney is busy, and hasn't called me back since I found out about dad's criminal charges. I want to file for temporary custody until the outcome of our trial on Jan 19th. My attorney mentioned filing for temp custody, but that was before knowing of dad's charges.

My concerns: dad's irrarional behavior, abusive language towards me, and other people, bizarre discussions of being "two people in one body" and his talk of conspiracy theories and how everyone is against him. Along with all this, dad has been convicted of having a loaded weapon in his vehicle. He served jail time for this offense, during a week which was his scheduled visitation week. So in other words, while dad was in jail, someone else excersized his visitation time with daughter. Dad's license is suspended, and he has no insurance. Since this conviction, I and other people have seen dad driving.

On Sunday, I called the police because Dad continued to call my house, after he spoke to daughter, and me. He got ugly, and irate made vague threats. I asked him to not call back, but he continued to call. He left a few messages, and we eventually unplugged our phone. A police officer called me back, who spoke to dad about a year ago for acting in this same manor. Police made a report, and noted that dad has a conviction with a firearm.

With dad's odd behavior, and conviction of having a loaded weapon in his car, I am fearful that he will snap. The courts have observed his unstable behavior in the past.

Are these enough to file for temporary custody as we lead up to trial?
 


mistoffolees

Senior Member
You're really going to have to go with what your attorney tells you. What you have is certainly very convincing, but your attorney will have a better idea of what your judge is likely to do.

You might consider offering supervised visitation for Dad so it's clear that you're not trying to cut him out of the child's life entirely.
 
I definatley do not want to take dad's visitation away completely, because daughter has seen him regularly for quite sometime. However, I have concerns about dad's behavior and what daughter has been exposed to. I think supervised visitation would be reasonable for dad.

Dad seems to get more and more unstable as court approaches...
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? CA

My other thread was closed, but this is about something else.

My attorney is busy, and hasn't called me back since I found out about dad's criminal charges. I want to file for temporary custody until the outcome of our trial on Jan 19th. My attorney mentioned filing for temp custody, but that was before knowing of dad's charges.

My concerns: dad's irrarional behavior, abusive language towards me, and other people, bizarre discussions of being "two people in one body" and his talk of conspiracy theories and how everyone is against him. Along with all this, dad has been convicted of having a loaded weapon in his vehicle. He served jail time for this offense, during a week which was his scheduled visitation week. So in other words, while dad was in jail, someone else excersized his visitation time with daughter. Dad's license is suspended, and he has no insurance. Since this conviction, I and other people have seen dad driving.

On Sunday, I called the police because Dad continued to call my house, after he spoke to daughter, and me. He got ugly, and irate made vague threats. I asked him to not call back, but he continued to call. He left a few messages, and we eventually unplugged our phone. A police officer called me back, who spoke to dad about a year ago for acting in this same manor. Police made a report, and noted that dad has a conviction with a firearm.

With dad's odd behavior, and conviction of having a loaded weapon in his car, I am fearful that he will snap. The courts have observed his unstable behavior in the past.

Are these enough to file for temporary custody as we lead up to trial?
Your next hearing is in 16 days. It might not be possible to get any temporary, emergency orders before that hearing date.

To be honest, based on this thread and your previous thread I am wondering if you shouldn't risk contempt by refusing to allow dad any access to the child until after matters are heard in court.

It would be a real risk, but to be quite honest, the risk to your daughter might be greater based on what you have posted.

You need a serious discussion with your attorney prior to the next parenting time date for dad.
 
Thanks :)

I try to get as much information before bombarding my attorney with questions and concerns. I don't want to waste any of her time discussing things that wouldn't be relevent. Thanks to the volunteers here, I've saved money by getting advice and answers here first.

I know it would take a day or two to get the papers in order, then filed, infront of the judge, then served...by that time, daughter will be back with dad for visitation. If I refuse, police get called and what not. I don't want daughter to see that kind of situation, but I don't want her to be in danger.
 

PQN

Member
Do you have enough for a temporary restraining order? That would, in effect, suspended dad's visitation (if daughter is named as a protected person).
 
I think my only option at this point is a restraining order. I got a call from an ex-coworker who seen dad parked in the parking lot where I used to work. He waited for an hour before closing, and when he seen the employees leave, he left.
 

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