Child Custody and Ex Parte Orders

At the Law Office of David P Schwarz we are experienced Orange County Lawyers who have filed for many ex parte change of custody motions with the family law court. Please contact our office for a consultation at 949 735 9266 or via the web. We can also be contacted via email at

Normally the family law court will issue ex parte orders when there is an emergency with the child. There must be a showing of an immediate harm to the child or immediate risk that the child will be removed from the State of California.

A child custody lawyer must show the family law court that there was “Immediate harm to the child” which is demonstrated by showing the Court there was an act of domestic violence exhibited by a parent to the child.

In addition, there must be shown an act of Sexual abuse of the child, where it is shown that the sexual abuse is recent and or is a pattern of acts.

There are other criteria the family law court must use to determine whether an ex parte can be granted by the family law Court. It must be proven to the Court that there is an established parent and child relationship. In addition, the Court must determine the best interest of the child.

An Orange County Lawyer can assist a party in getting physical custody by default against the party to whom the restraining order was issued when a parent child relationship cannot be established.

A child custody lawyer can also get a party a no visitation order during when the parent and child relationship is under review by the family law court.

To establish a parent and child relationship the parties can show this by proving to the court who gave birth to the child. At the Law Office of David P Schwarz we have proven this to the family law court many times. They also can show who is the parent by showing the conclusive presumption that the child is of a marriage to the parents. In addition the parties can show a conclusive presumption through DNA testing that child is the parents offspring.

In addition, other methods to show the court that the parties are the parents can be demonstrated by Legal adoption papers or a voluntary declaration of paternity. Moreover a stipulation of paternity can also be used.

A child custody attorney will also help you argue to the court when crafting a custody arrangement that the child is protected from the potential from domestic violence. The Court also can grant supervised visitation under these conditions. All of these orders gain protection for the child under circumstances in which the Family Law Court needs to act immediately.

At the Law Office of David P Schwarz we have litigated many ex parte child custody matters where domestic violence is at issue in Orange County family law courts. Please contact our office for a consultation at 949 735 9266 or via the web. We can also be contacted via email at

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