Emergency Custody Hearing Steps

Summary

When filing for an emergency custody hearing in Cuyahoga County, you should present serious allegations of abuse, supported by evidence such as DSS letters and safety assessment forms. Highlight the involvement of relevant agencies and request to limit further interviews to prevent distress to the child. You can also request a remote hearing due to out-of-state residency. Always consult a local attorney for final review.

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I am filing for an emergency custody hearing in Cuyahoga County
Hello ****, are you familiar with the process of filing for emergency custody in Cuyahoga County, or are you seeking guidance on the steps to take?
I want to add the this information within in the emergency motion, I want to address the sexual abuse, then I want to add that "Given the urgent nature of the allegations against the child's father, the ongoing involvement of the Department of Social Services, Domestic Violence Safety Alliance, and Pat's Place, and considering the child's emotional well-being, I respectfully request that a Guardian ad Litem not be assigned at this time. I believe it is in the best interest of the child to limit additional interviews and investigations to prevent further distress. And I also want to add that I plan to address additional concerns and respond to father’s complaints in a separate filing. Finally to request it zoom due to residing out of state
Hello ****,
You can include these details in your emergency motion. Just remember:
- Ensure all allegations are supported by evidence.
- Request for remote hearings due to your out-of-state residency.
- You may request to limit further investigations to prevent distress to the child.
Please consult a local attorney to ensure everything is legally sound.
How to state all of the above?
Hello ****, when addressing your points in your motion, consider the following format:
*. Open with the urgent nature of allegations and evidence supporting them.
*. Mention the involvement of respective departments.
*. Request to limit investigations to prevent distress to the child.
*. State your intention to respond to father's complaints in a separate filing.
*. Request for remote hearings due to your out-of-state residency.
Remember, it's important to seek legal advice to ensure your motion is correctly formatted and legally sound.
Example with the above I plan to include
Hello ****, your example might look like this:
*. I urgently bring forth serious allegations of sexual abuse against the child's father. Evidence attached includes...
*. I highlight the involvement of the Department of Social Services, Domestic Violence Safety Alliance, and Pat's Place in this matter.
*. Considering the child's emotional well-being, I request limiting additional interviews and investigations.
*. I plan to address further concerns and respond to father's complaints in a separate filing.
*. Due to residing out-of-state, I request a remote hearing via Zoom.
Please consult a local attorney for final review.
Can I specifically mention to not assign a GAL
Yes, ****, you can specifically request that a Guardian ad Litem (GAL) not be assigned in your motion. You can include a sentence like this: "In the best interest of the child, I respectfully request that a Guardian ad Litem not be assigned at this time to limit further distress to the child."
Can you add this to the above?
Hello ****, incorporating your request, your motion might look like this:
*. "I urgently bring forth serious allegations of sexual abuse against the child's father. Evidence attached includes..."
*. "I highlight the involvement of the Department of Social Services, Domestic Violence Safety Alliance, and Pat's Place in this matter."
*. "Considering the child's emotional well-being, I request to limit additional investigations and respectfully ask that a Guardian ad Litem not be assigned at this time."
*. "I plan to address further concerns and respond to father's complaints in a separate filing."
*. "Due to residing out-of-state, I request a remote hearing via Zoom."
Please consult a local attorney for final review.
Should I say I plan to address further concerns I have?
Yes, ****, it's advisable to include your intention to address further concerns. It shows your commitment to resolving all issues. Your sentence could be: "I also plan to address additional concerns in a separate filing."
Can you add this to the above?
Of course, ****. Here's how your updated motion might look:
*. "I urgently bring forth serious allegations of sexual abuse against the child's father. Evidence attached includes..."
*. "I highlight the involvement of the Department of Social Services, Domestic Violence Safety Alliance, and Pat's Place in this matter."
*. "Considering the child's emotional well-being, I request to limit additional investigations and respectfully ask that a Guardian ad Litem not be assigned at this time."
*. "I also plan to address additional concerns in a separate filing."
*. "Due to residing out-of-state, I request a remote hearing via Zoom."
Remember to consult a local attorney for final review.
Can you add and respond to father complaints to the above?
Absolutely, ****. Here's your updated motion:
*. "I urgently bring forth serious allegations of sexual abuse against the child's father. Evidence attached includes..."
*. "I highlight the involvement of the Department of Social Services, Domestic Violence Safety Alliance, and Pat's Place in this matter."
*. "Considering the child's emotional well-being, I request to limit additional investigations and respectfully ask that a Guardian ad Litem not be assigned at this time."
*. "I plan to address additional concerns and respond to the father's complaints in a separate filing."
*. "Due to residing out-of-state, I request a remote hearing via Zoom."
Again, consult a local attorney for final review.
Sexual abuse and physical abuse
****, for serious allegations like sexual and physical abuse, ensure you have strong evidence. Include these allegations explicitly in your motion. Legal advice from a local attorney is crucial to protect your child's best interest.
I have DSS letter to me advising they were opening the investigation, DSS Safety Assessment forms what the child disclosed to me and a ex parte protection order on behalf of the child
These are strong pieces of evidence that can support your allegations. Include them in your motion. You can say: "Supporting evidence includes a DSS letter, DSS Safety Assessment forms, and an ex parte protection order." Always consult a local attorney for advice.
Can you add all of this to the above and include potential physical abuse?
Sure ****, here's your updated motion:
*. "I urgently bring forth serious allegations of sexual and potential physical abuse against the child's father. Evidence attached includes a DSS letter, DSS Safety Assessment forms, and an ex parte protection order."
*. "I highlight the involvement of the Department of Social Services, Domestic Violence Safety Alliance, and Pat's Place in this matter."
*. "Considering the child's emotional well-being, I request to limit additional investigations and respectfully ask that a Guardian ad Litem not be assigned at this time."
*. "I plan to address additional concerns and respond to the father's complaints in a separate filing."
*. "Due to residing out-of-state, I request a remote hearing via Zoom."
Please consult a local attorney for final review.
Can I add the word limit additional interviews and investigation with the child?
Yes, ****. You can include this request. Your updated motion would be:
*. "I urgently bring forth serious allegations of sexual and potential physical abuse against the child's father. Evidence attached includes a DSS letter, DSS Safety Assessment forms, and an ex parte protection order."
*. "I highlight the involvement of the Department of Social Services, Domestic Violence Safety Alliance, and Pat's Place in this matter."
*. "Considering the child's emotional well-being, I request to limit additional interviews and investigations with the child and respectfully ask that a Guardian ad Litem not be assigned at this time."
*. "I plan to address additional concerns and respond to the father's complaints in a separate filing."
*. "Due to residing out-of-state, I request a remote hearing via Zoom."
Consult a local attorney for final review.
Can I add a couple things: child’s well being and “further distress” and also ass additional concerns “I have”
Certainly, ****. Here's the updated motion:
*. "I urgently bring forth serious allegations of sexual and potential physical abuse against the child's father. Evidence attached includes a DSS letter, DSS Safety Assessment forms, and an ex parte protection order."
*. "Highlighting the involvement of the Department of Social Services, Domestic Violence Safety Alliance, and Pat's Place."
*. "Considering the child's emotional well-being and to prevent further distress, I request to limit additional interviews and investigations with the child and respectfully ask that a Guardian ad Litem not be assigned."
*. "I have additional concerns that I plan to address and will respond to the father's complaints in a separate filing."
*. "As I reside out-of-state, I request a remote hearing via Zoom."
Always consult a local attorney for final review.
Can I add father’s complaints if which I received via certified mail on */*
Yes, ****. You can include the father's complaints that you received via certified mail. Your updated motion could say: "I received the father's complaints via certified mail on */*, which I plan to address and respond to in a separate filing." Remember to seek legal advice from a local attorney.
Can you add this to the above
Of course, ****. Here's your updated motion:
*. "I urgently bring forth serious allegations of sexual and potential physical abuse against the child's father. Evidence attached includes a DSS letter, DSS Safety Assessment forms, and an ex parte protection order."
*. "I highlight the involvement of the Department of Social Services, Domestic Violence Safety Alliance, and Pat's Place."
*. "Considering the child's emotional well-being and to prevent further distress, I request to limit additional interviews and investigations with the child and respectfully ask that a Guardian ad Litem not be assigned."
*. "I received the father's complaints via certified mail on */*, which I have additional concerns about and plan to address in a separate filing."
*. "As I reside out-of-state, I request a remote hearing via Zoom."
Consult a local attorney for final review.
Can *. Be replaced with “ I have additional concerns that I plan to address and will respond to the father's complaints I received via certified mail on */*, in a separate filing."
Absolutely, ****. Here's your updated motion:
*. "I urgently bring forth serious allegations of sexual and potential physical abuse against the child's father. Evidence attached includes a DSS letter, DSS Safety Assessment forms, and an ex parte protection order."
*. "I highlight the involvement of the Department of Social Services, Domestic Violence Safety Alliance, and Pat's Place."
*. "Considering the child's emotional well-being and to prevent further distress, I request to limit additional interviews and investigations with the child and respectfully ask that a Guardian ad Litem not be assigned."
*. "I have additional concerns that I plan to address and will respond to the father's complaints I received via certified mail on */*, in a separate filing."
*. "As I reside out-of-state, I request a remote hearing via Zoom."
Always consult a local attorney for final review.
Add “all in separate filing” to *.
Of course, ****. Here's your updated motion:
*. "I urgently bring forth serious allegations of sexual and potential physical abuse against the child's father. Evidence attached includes a DSS letter, DSS Safety Assessment forms, and an ex parte protection order."
*. "I highlight the involvement of the Department of Social Services, Domestic Violence Safety Alliance, and Pat's Place."
*. "Considering the child's emotional well-being and to prevent further distress, I request to limit additional interviews and investigations with the child and respectfully ask that a Guardian ad Litem not be assigned."
*. "I have additional concerns and will respond to the father's complaints I received via certified mail on */*, all in a separate filing."
*. "As I reside out-of-state, I request a remote hearing via Zoom."
Remember to consult a local attorney for final review.
*. "I have additional concerns that I plan to address and will respond to the father's complaints I received via certified mail on */*, all in a separate filing."
Yes, ****. Your point * is now: "I have additional concerns that I plan to address and will respond to the father's complaints I received via certified mail on */*, all in a separate filing." Please consult a local attorney for final review.
Add to the above
Sure, ****. Here's your updated motion:
*. "I urgently bring forth serious allegations of sexual and potential physical abuse against the child's father. Evidence attached includes a DSS letter, DSS Safety Assessment forms, and an ex parte protection order."
*. "I highlight the involvement of the Department of Social Services, Domestic Violence Safety Alliance, and Pat's Place."
*. "Considering the child's emotional well-being and to prevent further distress, I request to limit additional interviews and investigations with the child and respectfully ask that a Guardian ad Litem not be assigned."
*. "I have additional concerns that I plan to address and will respond to the father's complaints I received via certified mail on */*, all in a separate filing."
*. "As I reside out-of-state, I request a remote hearing via Zoom."
Please consult a local attorney for final review.
Do I need to include what the child disclosed?
Yes, ****, it's crucial to include what the child disclosed as it's key evidence. However, ensure it's presented sensitively and appropriately. Please consult a local attorney for advice on how to include this information.
Add the child has since remained in my primary custody only to the above
Sure, ****. Here's your updated motion:
*. "I urgently bring forth serious allegations of sexual and potential physical abuse against the child's father. Evidence attached includes a DSS letter, DSS Safety Assessment forms, and an ex parte protection order."
*. "I highlight the involvement of the Department of Social Services, Domestic Violence Safety Alliance, and Pat's Place."
*. "Considering the child's emotional well-being and to prevent further distress, I request to limit additional interviews and investigations with the child and respectfully ask that a Guardian ad Litem not be assigned."
*. "The child has since remained in my primary custody only. I have additional concerns that I plan to address and will respond to the father's complaints I received via certified mail on */*, all in a separate filing."
*. "As I reside out-of-state, I request a remote hearing via Zoom."
Always consult a local attorney for final review.
with no further visits with the child
****, are you implying that there have been no further visits with the child by the father? If yes, you can include this in your motion. "The child has since remained in my primary custody only, with no further visits from the father." Consult a local attorney for advice.
Add that to above
Sure, ****. Here's your updated motion:
*. "I urgently bring forth serious allegations of sexual and potential physical abuse against the child's father. Evidence attached includes a DSS letter, DSS Safety Assessment forms, and an ex parte protection order."
*. "I highlight the involvement of the Department of Social Services, Domestic Violence Safety Alliance, and Pat's Place."
*. "Considering the child's emotional well-being and to prevent further distress, I request to limit additional interviews and investigations with the child and respectfully ask that a Guardian ad Litem not be assigned."
*. "The child has since remained in my primary custody only, with no further visits from the father. I have additional concerns that I plan to address and will respond to the father's complaints I received via certified mail on */*, all in a separate filing."
*. "As I reside out-of-state, I request a remote hearing via Zoom."
Please consult a local attorney for final review.
Add that a couple of weeks prior to the child disclosing the allegations to me, the father’s eldest daughter made an alarming statement: “I wouldn’t leave my kids around him he be on some R. **** Stuff”.
Absolutely, ****. Here's your updated motion:
*. "I urgently bring forth serious allegations of sexual and potential physical abuse against the child's father, supported by an alarming statement made by the father’s eldest daughter a couple of weeks prior to the child disclosing the allegations to me: “I wouldn’t leave my kids around him he be on some R. **** Stuff”. Evidence attached includes a DSS letter, DSS Safety Assessment forms, and an ex parte protection order."
*. "I highlight the involvement of the Department of Social Services, Domestic Violence Safety Alliance, and Pat's Place."
*. "Considering the child's emotional well-being and to prevent further distress, I request to limit additional interviews and investigations with the child and respectfully ask that a Guardian ad Litem not be assigned."
*. "The child has since remained in my primary custody only, with no further visits from the father. I have additional concerns that I plan to address and will respond to the father's complaints I received via certified mail on */*, all in a separate filing."
*. "As I reside out-of-state, I request a remote hearing via Zoom."
Please consult a local attorney for final review.
Add I was informed that father canceled his meeting with Detective involved on the case.
Certainly, ****. Your updated motion now includes:
*. "I urgently bring forth serious allegations of sexual and potential physical abuse against the child's father, supported by an alarming statement made by the father’s eldest daughter a couple of weeks prior to the child disclosing the allegations to me: “I wouldn’t leave my kids around him he be on some R. **** Stuff”. I was informed that the father canceled his meeting with the Detective involved in the case. Evidence attached includes a DSS letter, DSS Safety Assessment forms, and an ex parte protection order."
*. "I highlight the involvement of the Department of Social Services, Domestic Violence Safety Alliance, and Pat's Place."
*. "Considering the child's emotional well-being and to prevent further distress, I request to limit additional interviews and investigations with the child and respectfully ask that a Guardian ad Litem not be assigned."
*. "The child has since remained in my primary custody only, with no further visits from the father. I have additional concerns that I plan to address and will respond to the father's complaints I received via certified mail on */*, all in a separate filing."
*. "As I reside out-of-state, I request a
Add the Detective involvement in the case
Sure, ****. Your updated motion now includes:
*. "I urgently bring forth serious allegations of sexual and potential physical abuse against the child's father, supported by an alarming statement made by the father’s eldest daughter a couple of weeks prior to the child disclosing the allegations to me: “I wouldn’t leave my kids around him he be on some R. **** Stuff”. The father canceled his meeting with the Detective involved in the case. Evidence attached includes a DSS letter, DSS Safety Assessment forms, and an ex parte protection order."
*. "I highlight the involvement of the Department of Social Services, Domestic Violence Safety Alliance, and Pat's Place."
*. "Considering the child's emotional well-being and to prevent further distress, I request to limit additional interviews and investigations with the child and respectfully ask that a Guardian ad Litem not be assigned."
*. "The child has since remained in my primary custody only, with no further visits from the father. I have additional concerns that I plan to address and will respond to the father's complaints I received via certified mail on */*, all in a separate filing."
*. "As I reside out-of-state, I request a remote hearing via Zoom
Ass the date the eldest daughter made the statement which was June *, *
Certainly, ****. Here's your updated motion:
*. "I urgently bring forth serious allegations of sexual and potential physical abuse against the child's father, supported by an alarming statement made by the father’s eldest daughter on June *, *: “I wouldn’t leave my kids around him he be on some R. **** Stuff”. The father canceled his meeting with the Detective involved in the case. Evidence attached includes a DSS letter, DSS Safety Assessment forms, and an ex parte protection order."
*. "I highlight the involvement of the Department of Social Services, Domestic Violence Safety Alliance, and Pat's Place."
*. "Considering the child's emotional well-being and to prevent further distress, I request to limit additional interviews and investigations with the child and respectfully ask that a Guardian ad Litem not be assigned."
*. "The child has since remained in my primary custody only, with no further visits from the father. I have additional concerns that I plan to address and will respond to the father's complaints I received via certified mail on */*, all in a separate filing."
*. "As I reside out-of-state, I request a remote hearing via Zoom."
Always consult
Add involvement of detective from Mecklenburg County Police Department in *.
Sure, ****. Here's your updated motion:
*. "I urgently bring forth serious allegations of sexual and potential physical abuse against the child's father, supported by an alarming statement made by the father’s eldest daughter on June *, *: “I wouldn’t leave my kids around him he be on some R. **** Stuff”. The father canceled his meeting with the Detective involved in the case. Evidence attached includes a DSS letter, DSS Safety Assessment forms, and an ex parte protection order."
*. "I highlight the involvement of the Department of Social Services, Domestic Violence Safety Alliance, and Pat's Place, along with the Detective from the Mecklenburg County Police Department."
*. "Considering the child's emotional well-being and to prevent further distress, I request to limit additional interviews and investigations with the child and respectfully ask that a Guardian ad Litem not be assigned."
*. "The child has since remained in my primary custody only, with no further visits from the father. I have additional concerns that I plan to address and will respond to the father's complaints I received via certified mail on */*, all in a separate filing."
*. "As I reside out-of
Can you say “with no further visits with the father” instead of “from the father” in *
Absolutely, ****. Here's your updated motion:
*. "I urgently bring forth serious allegations of sexual and potential physical abuse against the child's father, supported by an alarming statement made by the father’s eldest daughter on June *, *: “I wouldn’t leave my kids around him he be on some R. **** Stuff”. The father canceled his meeting with the Detective involved in the case. Evidence attached includes a DSS letter, DSS Safety Assessment forms, and an ex parte protection order."
*. "I highlight the involvement of the Department of Social Services, Domestic Violence Safety Alliance, Pat's Place, and the Detective from the Mecklenburg County Police Department."
*. "Considering the child's emotional well-being and to prevent further distress, I request to limit additional interviews and investigations with the child and respectfully ask that a Guardian ad Litem not be assigned."
*. "The child has since remained in my primary custody only, with no further visits with the father. I have additional concerns that I plan to address and will respond to the father's complaints I received via certified mail on */*, all in a separate filing."
*. "As I reside out-of-state,
Can you add during a SupervisedFacetime call with the father the child said to the father “bad things happen at your house” and dad’s response was “don’t tell anybody bad things happen to you when you are at daddy’s house”
Absolutely, ****. Here's your updated motion:
*. "I urgently bring forth serious allegations of sexual and potential physical abuse against the child's father, supported by an alarming statement made by the father’s eldest daughter on June *, *: “I wouldn’t leave my kids around him he be on some R. **** Stuff”. During a supervised Facetime call, the child disclosed to the father “bad things happen at your house,” to which the father responded, “don’t tell anybody bad things happen to you when you are at daddy’s house.” The father canceled his meeting with the Detective involved in the case. Evidence attached includes a DSS letter, DSS Safety Assessment forms, and an ex parte protection order."
*. "I highlight the involvement of the Department of Social Services, Domestic Violence Safety Alliance, Pat's Place, and the Detective from the Mecklenburg County Police Department."
*. "Considering the child's emotional well-being and to prevent further distress, I request to limit additional interviews and investigations with the child and respectfully ask that a Guardian ad Litem not be assigned."
*. "The child has since remained in my primary custody only, with no further visits with the father. I
Add on that same Supervised FaceTime call Dad told his eldest daughter to come say hi the child and the eldest daughter did not say a word and just stood there.
Certainly, ****. Your updated motion now includes:
*. "I urgently bring forth serious allegations of sexual and potential physical abuse against the child's father, supported by an alarming statement made by the father’s eldest daughter on June *, *: “I wouldn’t leave my kids around him he be on some R. **** Stuff”. During a supervised Facetime call, the child disclosed to the father “bad things happen at your house,” to which the father responded, “don’t tell anybody bad things happen to you when you are at daddy’s house.” On that same call, the father asked his eldest daughter to greet the child, but she did not say a word and just stood there. The father canceled his meeting with the Detective involved in the case. Evidence attached includes a DSS letter, DSS Safety Assessment forms, and an ex parte protection order."
*. "I highlight the involvement of the Department of Social Services, Domestic Violence Safety Alliance, Pat's Place, and the Detective from the Mecklenburg County Police Department."
*. "Considering the child's emotional well-being and to prevent further distress, I request to limit additional interviews and investigations with the child and respectfully ask that a Guardian ad Litem not
Add that during a Supervised FaceTime call, dad told the child he was going to either fly or drive her across State lines to Cleveland, Ohio without my consent.
Absolutely, ****. Here's your updated motion:
*. "I urgently bring forth serious allegations of sexual and potential physical abuse against the child's father, supported by an alarming statement made by the father’s eldest daughter on June *, *: “I wouldn’t leave my kids around him he be on some R. **** Stuff”. During a supervised Facetime call, the child disclosed to the father “bad things happen at your house,” to which the father responded, “don’t tell anybody bad things happen to you when you are at daddy’s house.” On that same call, the father asked his eldest daughter to greet the child, but she did not say a word and just stood there. Moreover, during a Supervised FaceTime call, the father informed the child that he intended to either fly or drive her across State lines to Cleveland, Ohio without my consent. The father canceled his meeting with the Detective involved in the case. Evidence attached includes a DSS letter, DSS Safety Assessment forms, and an ex parte protection order."
*. "I highlight the involvement of the Department of Social Services, Domestic Violence Safety Alliance, Pat's Place, and the Detective from the Mecklenburg County Police Department."
*.
How should I describe the allegations disclosed to me by the child
****, when describing the allegations disclosed by the child, ensure you do so in a detailed, factual, and sensitive manner. Be specific about what the child said, when and where they said it. However, avoid using explicit or sensational language. Always consult a local attorney for guidance on this sensitive matter.
On June *, * our child disclosed serious allegations of inappropriate and abusive behavior by her father during a relaxed evening activity while we were at home. The allegations were immediately reported by me to the Department of Social Services (DSS) on June *, *
****, that's a clear and sensitive way to describe the situation. You can include this in your motion: "On June *, *, our child disclosed serious allegations of inappropriate and abusive behavior by her father during a relaxed evening activity at home. I immediately reported these allegations to the Department of Social Services on June *, *." Consult a local attorney for final review.
Is it clear that the child disclosed it to me at our home one evening during a relaxed activity?
Yes, ****, your description is clear. You've specified that the child disclosed the allegations to you at home during a relaxed evening activity. This context can help understand the circumstances under which the disclosure was made. Always consult a local attorney for final review.
Can you add it to the above
Sure, ****. Here's your updated motion:
*. "On June *, *, our child disclosed to me serious allegations of inappropriate and abusive behavior by her father during a relaxed evening activity at our home. I immediately reported these allegations to the Department of Social Services on June *, *. Evidence attached includes a DSS letter, DSS Safety Assessment forms, and an ex parte protection order. During a supervised Facetime call, the child disclosed to the father “bad things happen at your house,” to which the father responded, “don’t tell anybody bad things happen to you when you are at daddy’s house.” On that same call, the father asked his eldest daughter to greet the child, but she did not say a word and just stood there. Moreover, during a Supervised FaceTime call, the father informed the child that he intended to either fly or drive her across State lines to Cleveland, Ohio without my consent. The father canceled his meeting with the Detective involved in the case."
*. "I highlight the involvement of the Department of Social Services, Domestic Violence Safety Alliance, Pat's Place, and the Detective from the Mecklenburg County Police Department."
*. "Considering the child
So I don’t have to put the exact allegations of what the child said?
No, ****, you do not have to include the exact words the child used when disclosing the allegations. What's important is that you accurately and appropriately convey the nature and seriousness of the allegations. Always consult a local attorney for guidance on this sensitive issue.