When it comes to child custody orders, divorce parties, often do not understand that each party has equal parental rights to the children produced by the marriage until an order has been issued. So, when filing for a divorce, often attorneys will quickly file an Order to Show Cause, asking the Court to make at least temporary orders regarding custody and visitation. This avoids a situation where each parent is taking the child from school, daycare, etc.
If the situation presents a danger to the children, a parent can file to request an ex-parte order. Because these orders can involve one parent not being present during that initial hearing, another hearing is set, usually within 21 days. This gives the parent who was not present during the first hearing to arrange to be present at the next hearing, and possibly retain an attorney in the meantime.
It is very important to attend that hearing, as orders can issue from that hearing that can have a profound effect on your relationship with your children.
If you would like further information regarding child custody please contact the Top California Lawyers of Yanez & Associates at 714-971-8000. Call today for your free 60-minute consultation!