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California Family Code
Family Code section 6323
ARTICLE 1. Ex Parte Orders [6320 - 6327]
( Article 1 added by Stats. 1993, Ch. 219, Sec. 154. )
6323.
(a) Subject to Section 3064:
(1) The court may issue an ex parte order determining the temporary custody and visitation of a minor child on the conditions the court determines to a party who has established a parent and child relationship pursuant to paragraph (2). The parties shall inform the court if any custody or visitation orders have already been issued in any other proceeding.
(2) (A) In making a determination of the best interests of the child and in order to limit the child’s exposure to potential domestic violence and to ensure the safety of all family members, if the party who has obtained the restraining order has established a parent and child relationship and the other party has not established that relationship, the court may award temporary sole legal and physical custody to the party to whom the restraining order was issued and may make an order of no visitation to the other party pending the establishment of a parent and child relationship between the child and the other party.
(B) A party may establish a parent and child relationship for purposes of subparagraph (A) only by offering proof of any of the following:
(i) The party gave birth to the child.
(ii) The child is conclusively presumed to be a child of the marriage between the parties, pursuant to Section 7540, or the party has been determined by a court to be a parent of the child, pursuant to Section 7541.
(iii) Legal adoption or pending legal adoption of the child by the party.
(iv) The party has signed a valid voluntary declaration of paternity, which has been in effect more than 60 days prior to the issuance of the restraining order, and that declaration has not been rescinded or set aside.
(v) A determination made by the juvenile court that there is a parent and child relationship between the party offering the proof and the child.
(vi) A determination of paternity made in a proceeding to determine custody or visitation in a case brought by the district attorney pursuant to Section 11350.1 of the Welfare and Institutions Code.
(vii) The party has been determined to be the parent of the child through a proceeding under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12).
(viii) Both parties stipulate, in writing or on the record, for purposes of this proceeding, that they are the parents of the child.
(b) (1) Except as provided in paragraph (2), the court shall not make a finding of paternity in this proceeding, and any order issued pursuant to this section shall be without prejudice in any other action brought to establish a parent and child relationship.
(2) The court may accept a stipulation of paternity by the parties and, if paternity is uncontested, enter a judgment establishing paternity, subject to the set-aside provisions in Section 7646.
(c) When making any order for custody or visitation pursuant to this section, the court’s order shall specify the time, day, place, and manner of transfer of the child for custody or visitation to limit the child’s exposure to potential domestic conflict or violence and to ensure the safety of all family members. Where the court finds a party is staying in a place designated as a shelter for victims of domestic violence or other confidential location, the court’s order for time, day, place, and manner of transfer of the child for custody or visitation shall be designed to prevent disclosure of the location of the shelter or other confidential location.
(d) When making an order for custody or visitation pursuant to this section, the court shall consider whether the best interest of the child, based upon the circumstances of the case, requires that any visitation or custody arrangement shall be limited to situations in which a third person, specified by the court, is present, or whether visitation or custody shall be suspended or denied.
This book, written By Paul A. Eads, helps readers know how to prepare before they initiate a legal endeavor and helps make the legal terms of family law issues easier to understand.
Client Testimonials
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Mr. Eads, you are a true master in your field.- Peter K.
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My ex boyfriend was very abusive. His attorney seemed to be very aggressive and was always filing Ex Parte (emergency) hearings for me to appear in court. Due to a cost issue, I attempted to handle matters myself but it seemed that I could not get my point accrues to the judge who seemed to be familiar with my ex boyfriend’s attorney. I found Mr. Eads in the phonebook and I thought I would give him a call. Mr. Eads was able to get the restraining order I was seeking and my ex boyfriend ended up paying Mr. Eads’ attorney fees. I can now feel rest-assured that my daughter and I will be safe. I also happy that I do not have to deal with my ex’s attorney anymore. Mr. Eads worked hard for me and I am confident he will do the same for you.- K.Y.
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I was very pleased with the outcome of my case.- Albert N.
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I will be able to pay it off quicker and with more money left over with the payment Mr. Eads was able to negotiate for me.- John H.
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My previous attorney failed to show up for my court date and as a result, the matter was set for trial without any input from my side. I desperately sought out an attorney but most of them wanted a huge retainer up front. I found Mr. Eads and when I went in for a consultation, I found that his retainer was more than reasonable. I also liked the fact that he practices exclusively family law and seems very familiar with the local judicial officers. I felt very comfortable with Mr. Eads in my corner going into my trial and I found that the outcome was much more than I ever expected to receive. Mr. Eads was very thorough in my case evaluation and helped me get everything I was entitled to.- J.L.
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I decided to hire Mr. Eads based on his experience and the fact that his practice is limited to Family Law.- Veronica S.
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I am a business owner and when I got divorced, I was terrified that I would lose my business. My business was also heavily leveraged against and I did not have enough capitol to sustain the business and pay my wife spousal support. My ex had an attorney who was very intimidating and kept pressuring me to liquidate the business so that I could pay his attorney’s fees. I was referred to Mr. Eads by a friend. Mr. Eads was able to help structure a settlement that allowed me to keep my business while sharing the business debts with my ex. I was also able to shorten my spousal support obligation. I really appreciate Mr. Eads professionalism and guidance during these difficult times.- J.A.
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I am honored to write this review for Mr. Eads after he helped reunify me with my daughter after my ex abducted her and moved to Arizona. I was devastated when I came home from work to find my ex had left with all our daughter’s belongings. I called the police who told me I needed to hire an attorney. I came across Mr. Eads’ website and I was impressed with his bio. I contacted him immediately and within days, we were in court requesting that my the DA Abduction unit assist me in the return of my daughter. Not only did Mr. Eads get my daughter returned to me, I was able to have full physical custody and my ex has summer and holiday visitation. Mr. Eads is truly my hero. Thanks Mr. Eads!- Paul W.