Ex Parte Custody Timeline

Summary

In California, an ex parte custody decision is usually made within 24 hours and lasts until the court hearing, generally within 20-25 days. Your grandmother should include detailed allegations of abuse or neglect, relevant evidence, and a proposed visitation schedule in the ex parte application. Evidence of past abuse, even if old, can be relevant. Your fathers claims need to be substantiated with proof. Consult a lawyer for personalized advice and to ensure your evidence is properly presented.

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Ok because my grandma is going to file for custody of me and i know my dad is going to be super mad when he finds out and he's scary when he's mad i just know he's going to yell at me
I'm really sorry to hear that you're going through this. It's important to remember:
- Your grandma's lawyer can request an order of protection for you.
- If you're in immediate danger, call *.
- Reach out to Child Protective Services in California at *-*-*-*. They can provide resources and help.
So we are probably going to submit the petition and the ex parte the same day so the day after we submit those the judge will say if my grandma can get temporary custody of me?
In California, a judge may grant temporary custody based on an ex parte application within * hours. However, it can depend on the court's schedule and the details of your case. It's best to consult with your grandmother's attorney for specifics.
Oh ok thanks hopefully the judge can decide in * hours how long does an ex parte last?
In California, an ex parte order typically lasts until the court hearing date, which is generally within * to 25 days. However, this may vary depending on your specific situation. It would be best to consult with your grandmother's attorney for precise information.
I have a lot of evidence of abuse and neglet against my dad
It's crucial that your evidence of abuse and neglect is presented properly in court. Are you working with your grandmother's attorney to ensure this? In California, such evidence can significantly influence the judge's decision in custody cases.
No we are planning to get one can an attorney meet with us the same day we call them?
Yes, many attorneys in California offer same-day consultation services, but it depends on their availability. You can call and check directly with the law office.
I have a text that i sent ro one of my friends telling her about how unsupportive the family i currently live with is
That text can be part of your evidence. Have you taken other steps to document the adverse situations you're experiencing? Remember, it's important to keep yourself safe while gathering evidence.
Yes I'll usually text them to myself or to one of my friends
That's good. Text messages can serve as evidence in court. Make sure to back them up or print them out. It would be beneficial to consult with an attorney once you have one. They can guide you on the best way to present your evidence.
So after we file the petition it will take around 20 days for the trial?
Yes, in California, a court hearing for a custody case typically occurs within * to 25 days after filing the petition. However, the exact timeline can depend on the court's schedule and the specifics of the case.
So do i just call a lawyer and tell them my situation and they'll help me?
Yes, generally speaking, you can call a lawyer, explain your situation, and they should be able to provide you with initial guidance. They may also offer a consultation to understand your case better before proceeding.
Ok can i call the lawyer? I don't know if i can because I'm a minor
Yes, you can call a lawyer even if you're a minor. They can provide advice and may ask to speak with your grandmother since she's an adult. It's crucial to have her involved in this process.
I will i already send her everything i find
That's great. It's really important to keep your grandmother informed and involved. Are there any other questions you have or anything else you're unsure about?
What should my grandma include in the ex parte for me?
In the ex parte application for custody, your grandmother should include:
- Your full name, age, and relationship to her.
- Reason for the urgent request (potential danger, abuse).
- Detailed, specific allegations of abuse or neglect.
- Relevant evidence supporting the allegations.
- The desired result (temporary custody).
- A proposed visitation schedule for your father.
Please consult with a lawyer for best guidance.
Oh ok so what kind of allegations of abuse are neglect should we mention?
In California, allegations of abuse and neglect could include:
- Physical harm or injury
- Emotional or psychological abuse
- Inadequate food, shelter, or clothing
- Lack of medical care
- Educational neglect
- Exposure to domestic violence
Remember to provide specific instances and any supporting evidence.
Oh ok i have some in the past that i can think of but i don't know if they would be relevant because they are old
In California, any evidence of past abuse or neglect, regardless of how old, can be relevant in a custody case. However, it's best to discuss the specifics with your attorney as they can provide guidance based on the details.
I also witnessed my dad pushing my mom and my grandma remembers the incident but i was the only one who saw it i was about * or * yeears old
In California, courts consider any history of abuse when deciding custody. Your testimony, along with your grandma's, could be relevant. It's crucial to discuss this with your attorney for best guidance.
So they bed i have to sleep on is about 12 years old it is stained at the bottom my dads dad used if for awhile my sister and her husband used it for a long time and multiple other people
That sounds uncomfortable. In California, providing inadequate living conditions can be considered as neglect. Have you mentioned this to your grandmother or documented it in any way?
Yes i have and i took pictures of it i don't really use a sheet on it because the sheets always comes undone and is completely of by the morning
That's good that you've documented this. It's important to compile all your evidence, including the images of your bed and living conditions. Have you shared this with your grandmother, and are you planning to show this evidence to your lawyer?
Yes and yes
That's a good step towards building your case. If you have any more questions or need further clarifications, feel free to ask. Remember to stay safe and consult with your attorney about your situation.
So my dad will argue in court that I'm lazy and i don't do anything at my current house he wants me to clean rhe bathrooms,sweep,mop,dust and do the dishes after dinner i don't usually do them but at my grandma's she only makes me clean up my own mess my dishes and my room she said if i wanted to i can help her clean but i dont have to
It's essential to distinguish between chores and excessive demands. Are you saying your father's demands are unreasonable to the point of being neglectful or abusive?
No they aren't but he'll use them as an excuse in court
It's understandable you're concerned about this. Remember, the court's primary focus is your well-being and safety. Your father's claims need to be substantiated, and your evidence of neglect and abuse will be considered. Are you ready to present these facts in court?
Yes i am
That's a good attitude to have. Remember, your lawyer will guide you through this process. Do you have any other concerns or questions about the upcoming legal proceedings?
"Your father's claims need to be substantiated" what does that mean
"Your father's claims need to be substantiated" means that if your father makes any allegations or statements in court, he needs to provide proof or evidence to support those claims. Without such proof, the court may not consider his claims.
Oh ok i don't really clean that often but i don't know if he can use that as an excuse
Your father may argue about your cleaning habits, but the court's focus is on your safety and well-being. If you have evidence of neglect or abuse, that's what they'll seriously consider. Do you feel prepared to present your evidence?
Yes i do
That's great to hear. Remember, your attorney will guide you through this process. If there's anything else you're unsure about or need clarification on, feel free to ask. Is there anything else you'd like to know?
Another thing he'll mention is my grandmas sons my uncles one has been arrested multiple times and is currently in jail he has never made me feel unsafe my other uncle is * and my dad will make remarks about the way he dresses
It's understandable that you're concerned about this. However, your uncles' actions may not directly impact the custody decision unless they pose a risk to your safety. Have there been any incidents involving your uncles that have made you feel unsafe?
No I'm comfortable around both of them but the older one that's in jail apparently has fought his dad my grandpa before but i wasn't aware of the until a few weeks ago
That's important to know. It's vital to ensure your well-being and safety in your living environment. Do you feel safe living with your grandmother, despite your uncle's past actions?
Yes very he'll never hurt me
That's reassuring to hear. Remember, the court's focus is your safety and well-being. If there's anything else you're unsure about or need clarification on, feel free to ask. Is there anything else you'd like to know?
So my dad will also mention that when we lived in merced that's the town my grandma lives in that she used to pick me up from school and she couldn't lick me up at times because she would be going to reno and give my dad a same days notice so my dad would have to wake up pick me up and try to go back to sleep then work my grandma said that she'll take me if they go because I'll be her responsibilitie
It seems like your father might argue that your grandmother wasn't always available to care for you. However, the current situation is that she's willing and able to do so. Do you feel your grandma is capable and reliable in taking care of you now?
Yes very she was in the past to it's just she couldn't always pick me up from school and i don't blame her she had a son and her mom she had to take care of and she would go on vacations but i wasn't her responsibility i was my dads
That's an important point. Remember, the court will consider the current conditions and your well-being. Have you discussed these concerns with your grandmother and your future attorney to prepare for any arguments your father might raise?
No not yet my grandma pretty much know any arguments he'll make so I'm sure she'll mention those she said that the court will probably not care that much about them because he doesn't have a good valid reason on why he should keep me
That's a good start. It's important to anticipate possible arguments and prepare for them. Have you and your grandmother considered seeking legal advice to better understand how these factors might affect the court's decision?
No not yet, how will they affect the courts decision?
The court's decision will be heavily influenced by:
- Evidence of abuse or neglect
- Your well-being and safety
- The living conditions at each home
- Each party's ability to care for you
Your father's arguments can impact the decision, but they must be substantiated with proof. It's best to consult a lawyer for specific guidance.
Oh ok yeah my dad doesn't really take care of me he'll buy me food and take me out once in awhile but he doesn't take me to the doctors or dentist he hasn't in years and i have to share a room with him
That's concerning to hear. Neglecting medical needs can be seen as a form of neglect in California. Do you have any documentation or proof of this neglect, such as missed appointments or untreated health issues?
I have pictures of untreated health issues and i don't know about missed appointments but I'm trying to get my medical records to show he hasn't taken me
That's very important evidence. Are you working with your grandmother or legal counsel to obtain your medical records? In California, you may need an adult's help to request them.
No but i told her she should try to get them and she said "i think I'm going to do that" i told her to wait for when i go back to her house because they might need me there
That sounds like a good plan. Keep in mind that your medical records can provide pivotal evidence of neglect. Has your grandmother taken any steps towards obtaining legal representation for this custody case?
No not yet
It's important to have legal representation in such cases. Have you and your grandmother discussed plans to find an attorney soon?
Yes i mentioned it to her
It's good to hear that you've discussed this. Consulting a lawyer will be crucial in preparing for your case. They can guide you on how to present your evidence and respond to your father's potential arguments. Do you need help finding a lawyer in California?
Yes please
Great, there are numerous resources where you can find a lawyer in California. A few options are the California State Bar Association's Lawyer Referral Service, legal aid organizations, or online directories. Make sure to choose a lawyer specializing in family law.
Oh ok I'll keep that in mind
That's great to hear. If you need further information or have more questions in the future, feel free to ask. Remember, your safety is a priority. Good luck with everything.