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My ex wife is in jail for a domestic violence against my 17 yr old daughter. I can't come up with $1500.00 for a lawyer and I need to file an emergency motion for temporary custody of my kids who have been staying with me since my wife went to jail.

2006-09-02 19:13:25 · 2 answers · asked by jayclem810 1 in Family & Relationships Marriage & Divorce

2 answers

It's easier than most people think. Go to your state's website and click on the courthouse icon, then find the down loadable forms tab. Under that tab, search for a "modification of placement". Then print it up and fill it out. Then make four copies and take them to the clerk of courts office in your courthouse. They will stamp them, keep one, return three and issue you a court date after you pay the filing fee (around $50). Write the court date on the other three copies, then take two copies to your local sherriff's department, or the county jail (where ever she is) and have her served your motion. Then appear on that sceduled date and you will more than likely be granted placement based on the circumstances.

I wish you luck honey.

2006-09-02 19:20:33 · answer #1 · answered by Hollynfaith 6 · 0 0

You didn't say which state you were in or the ages or your children. Generally, in most states (and you really don't need a lawyer) you go the family court in your county and you file a custody petition there. The court personnel will usually help you fill it out. And you explain your circumstances. They will schedule a hearing on the issue of custody as soon as possible. depending on the ages of children in your custody, they will also assign the children a law guardian, which is a lawyer who specifically works for what is in the bests interests of the children. Because with the mother in jail, if there is no one to take custody of the children, they could wind up in foster homes. So you are doing the right thing by filing a petition for, and in your case it could either be temporary or permanent custody. You don't need a lawyer to do that, and it does not cost you anything. However, you didn't mention who originally had custody. Did she have sole custody, or was it joint custody between the two of you? Again, the court personel will help you with that. If you have joint custody, you may not even need to file a petition at all. File papers for an order of protection (on behalf of your 17-year-old daughter) at the same time. Because that HAS to be heard in court within a specified period of time. The court most times will take testimony that day and will then issue an order of protection on her behalf. You may even want to bring her with you to give testimony before the Family Court Judge that day.

2006-09-02 19:38:46 · answer #2 · answered by mhiaa 7 · 0 0

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