Emergency Custody Order Guidance

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Summary

To protect your daughters safety, consider filing an emergency protective order and a motion to transfer jurisdiction. File both motions in Ohio, where the custody case is, and seek legal aid in both states. You can represent yourself (pro se) but consult legal aid societies for guidance. Pro bono services may be available if you dont qualify for legal aid.

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Do I need to file an emergency order? My daughter reported a sexual assault incident to me that happened during a visit with her dad. I have full custody and dad has visitation. I reported the incident to cps and they are investigating.
Hello ****. I'm sorry to hear about your situation. To protect your daughter's immediate safety you might consider filing an emergency protective order. This can help by:
- Temporarily suspending visitation rights.
- Providing immediate protection before a full hearing takes place.
Please consult with a local attorney to discuss specifics. May I know your location to provide more accurate information?
I am in NC but the custody case is in Ohio. The dad no longer resides in Ohio.
Given your situation and location, you might need to follow these steps:
- File an emergency order in Ohio where the custody case is.
- Contact the Ohio court where the case is filed.
- Inform the court about the change in dad's residence.
Consult an attorney in Ohio for precise information.
The incident happened in NC but the case is in Ohio. Should I file both a motion to suspend custody and a motion to transfer jurisdiction to NC?
Given your situation, you may want to:
- File a motion to suspend custody in Ohio court where the case is.
- File a motion to transfer jurisdiction to NC due to the change in residence.
Please consult with an attorney to discuss the specifics.
Can I do both at the same time?
Yes, you can file both motions at the same time. However, it's important to consult with an attorney to ensure you're taking the correct legal steps. Each case is unique and this advice is general in nature.
I can’t afford a lawyer
I'm sorry to hear that, ****. You may want to check out legal aid societies in your area. They often provide free or low-cost legal services to those who qualify. You could also look into pro bono legal services. These are often offered by law firms or legal professionals who volunteer their time.
Do I request legal services from NC or Ohio?
You should request legal services from both states. In Ohio, to help with the motion to suspend custody and transfer jurisdiction, and in NC for the incident. Legal Aid societies in both states could assist you.
Can I do it on my own…file as Pro se?
Yes, you can file as Pro se, representing yourself in court. However, it's critical to understand the laws and procedures. It may be beneficial to seek advice from a legal aid society or a pro bono attorney to help guide you.
Ok are there income guidelines for legal aid and pro bono?
Yes, most legal aid societies and pro bono programs have income guidelines. They typically serve individuals who are at or below a certain percentage of the federal poverty level. However, these guidelines vary by program and location. It's best to contact the programs in your area for specific information.
Ok so just to recap, I can file two motions at the same time. 1st motion is to modify/suspend visitation and the other is to change jurisdiction of the case to NC since we both live in NC? I can do both pro se?
Yes, you can file two motions simultaneously: one to modify/suspend visitation and the other to change jurisdiction to NC. You can represent yourself in court (pro se). It's important to fully understand the laws and court procedures, so seeking guidance from legal aid societies might be helpful.
Ok thank you can you recommend any pro bono I can’t afford a lawyer and I make enough income so I may not qualify
Sure, ****. Here are a few resources for pro bono services:
*. North Carolina Bar Association's "NC Free Legal Help" website.
*. Legal Aid of North Carolina.
*. Ohio Legal Help website.
Each has a different qualification process, so I encourage you to reach out to them directly for more information. Remember, each case is unique so it's important to discuss your situation with them.
Ok thank you.
You're welcome, ****. Do not hesitate to contact us if you need more information. Remember, it's important to take care of your daughter's well-being and safety. Good luck with everything.