Emergency Custody Motion Guidance

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Summary

When filing an emergency custody motion, clearly state your current custody status and the reasons for the emergency filing. Use legal citations like Rule 6 of the Rules of Juvenile Procedure. Focus on immediate risks and provide supporting evidence. Consult a local attorney for personalized advice.

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When filing for emergency custody and adding the context of the current order in place, do I say: Under the current arrangement, I hold residential and legal custody of the child or
Hello Kelly, it's essential to state the current arrangement accurately. If you hold both residential and legal custody, you should state: "Under the current arrangement, I hold both residential and legal custody of the child." Please consult a local attorney for specific advice. Can I assist you with anything else?
Under the current “custody” arrangement, I hold residential and legal custody of the child
Hi Kelly, yes, when filing for emergency custody, it's crucial to be clear about your current custody status. It's appropriate to say, "Under the current 'custody' arrangement, I hold both residential and legal custody of the child." Please consult with your attorney for the best legal advice.
*. Since the serious allegations of sexual and physical abuse disclosed on June *, *, the child has since remained in my primary custody, with no further visits with the father.
Hello Kelly, it's essential to mention these allegations in your filing. However, remember to provide evidence supporting these claims. This might include police reports, medical records, or witness statements. Please consult with your attorney for the best approach.
Does that statement look correct
Hello Kelly, the statement seems correct. However, keep in mind to use terms like "alleged" until the accusations are proven in court. Also, ensure all your claims are backed by strong evidence. Always consult a lawyer for personalized advice.
How would I word this?
Hello Kelly, you might say: "Since the serious allegations of sexual and physical abuse were disclosed on June *, *, the child has remained primarily in my custody with no further visits with the father, due to these alleged incidents." Please consult with your attorney for further guidance.
*. I have additional concerns that I plan to address and will respond to the father's complaints received via certified mail on */*, all in a separate filing."
Hello Kelly, your statement seems to be in order. However, it's important to specify what those additional concerns are, if they're related to the child's welfare. Are these concerns about the child's safety or well-being? Also, it's helpful to know your location for more accurate information.
I will address them in separate filings with regards to my motion to modify visitation time and ask that the fathers motion to grant him more parenting Time and rights be denied
Hello Kelly, when addressing your concerns, you may say: "I will address these concerns in separate filings, including a motion to modify visitation time. I also intend to oppose the father's motion for increased parenting time and rights." Remember, specific wording may vary, so consult an attorney. Can I assist with anything else?
What’s wrong with keeping it as is
Hello Kelly, your statements seem accurate and clear. However, it's always better to consult with a local attorney for personalized advice as legal language can be nuanced. They can provide feedback based on local laws and court procedures.
Can I say, I have additional concerns related to the child's welfare, that I plan to address and will respond to the father's complaints received via certified mail on */*, all in a separate filing.
Hello Kelly, yes, you can say that. However, if your concerns are significant to the case, consider stating them explicitly. Remember, it's always best to consult with a local attorney for personalized advice.
They are not emerging matters
Hi Kelly, if the concerns are not urgent, your phrasing seems appropriate. But remember, the court values transparency and specificity. Do these concerns pertain to the child's well-being or the other parent's capabilities?
I thought to keep this emergency order specific to the serious allegations at hand
Hello Kelly, that's a good approach. When filing an emergency order, it's crucial to focus on the immediate risks and concerns. Other issues can be addressed in separate filings. Consult a local attorney to ensure your filing is as strong as possible.
How about “ I have additional concerns related to the child's welfare, that I do plan to address and will respond to the father's complaints received via certified mail on */*, all in a separate filing
Hello Kelly, yes, this statement is clear and concise. It indicates your intent to address additional concerns separately and respond to the father's complaints. Remember to consult with a local attorney for personalized advice and verification. Can I assist you with anything else?
Should I add “and the other parent's capabilities”
Hello Kelly, if the other parent's capabilities are relevant to the child's welfare, you may consider including them. But remember, in an emergency order, focus on immediate risks. Consult your attorney before making any additions.
How about: I have additional concerns related to the child's welfare and the other parents’ capabilities that I do plan to address and intend to oppose the father's motion for a change in parenting schedule and parental rights and responsibilities and will respond to the father's complaints received via certified mail on */*, all in a separate filing
Hello Kelly, your statement seems comprehensive and clearly communicates your intent. However, remember to consult with your local attorney to ensure it aligns with local laws, court procedures, and your case's specifics. Is there anything else I can assist you with?
Can you phrase it
Hello Kelly, you could phrase it as: "I have additional concerns about the child's welfare and the other parent's abilities which I plan to address separately. I intend to contest the father's motion for changes to parenting time and rights, and will respond to his complaints received via certified mail on */* in separate filings." Always consult with a local attorney for personalized advice.
As I reside out-of-state, I respectfully request your consideration for a remote hearing via Zoom."
Hello Kelly, that's a reasonable request given your out-of-state residence. To phrase it, you could say: "Due to my out-of-state residence, I respectfully request the court's consideration for conducting the hearing remotely, preferably via Zoom." Please consult with your local attorney to ensure this is acceptable in your jurisdiction. Can I help with anything else?
How to conclude a emergency custody order
Hello Kelly, to conclude an emergency custody order, you can say: "In light of the aforementioned circumstances and concerns, I respectfully request the court to grant an emergency custody order for the best interest and safety of the child." It's always best to consult a local attorney for personalized advice. Can I assist with anything else?
When I am filing pro se do I address myself in the motion as I or mother
Hello Kelly, when filing pro se, you can refer to yourself as either "I" or "the mother." Using "the mother" can provide clarity, but both are acceptable. Consult a local attorney for personalized advice.
In the introduction can I say Now comes (I, the mother Kelly…)
Hello Kelly, generally in legal documents, you'd introduce yourself as "Comes now, Kelly, the mother...". However, legal language can vary based on location. Always consult with a local attorney to ensure your phrasing is appropriate. Can I assist you with anything else?
Ok so the in the remaining portion of the motion, can I refer to myself as I even though I said Now comes Kelly, the mother in intro
Hello Kelly, yes, you can refer to yourself as "I" in the remaining parts of the motion, even after introducing yourself as "Kelly, the mother" in the beginning. This is common in legal documents. Always consult a local attorney for personalized advice.
How to start the intro for emergency custody motion to include legal citation for Cuyahoga county
Hello Kelly, you can start your emergency custody motion in Cuyahoga County with: "Comes now, Kelly, the mother, pursuant to Rule *(N) of the Ohio Rules of Civil Procedure, hereby files this Emergency Motion for Temporary Custody in the Cuyahoga County Court." Always consult a local attorney to ensure your document complies with local laws.
It’s Cuyahoga County juvenile division
Hello Kelly, for the Juvenile Division, you could start with: "Comes now, Kelly, the mother, pursuant to Rule * of the Rules of Juvenile Procedure, hereby files this Emergency Motion for Temporary Custody in the Cuyahoga County Juvenile Court." Remember to consult a local attorney for personalized advice. Is there anything else I can assist you with?
So there is no other legal citation
Hello Kelly, to best assist you, could you clarify what you mean by "other legal citation"? Are you referring to another specific rule or law related to filing an emergency custody motion in Cuyahoga County?
For the intro specifically
Hello Kelly, you could start your introduction as: "Comes now Kelly, the mother, pursuant to Rule * of the Rules of Juvenile Procedure, hereby files this Emergency Motion for Temporary Custody in the Cuyahoga County Juvenile Court." This includes the legal citation you mentioned. Always consult a local attorney for tailored advice.
Any other legal citation mandatory when this motion type
Hi Kelly, in Cuyahoga County, the primary legal citation for filing an emergency custody motion in Juvenile Court is Rule * of the Rules of Juvenile Procedure. However, local rules or specific case laws may apply. Could you please consult with a local attorney or legal aid service to ensure you're not missing any key citations?
Is there a specify motion for emergency custody if I am the legal custodian
Hi Kelly, to ensure I provide you with the most accurate information, could you please tell me which state you're in?
I am the residential and legal custodial parent needing to file an emergency custody motion to prevent father from further abuse to our daughter he has visitation rights
Hello Kelly, based on your location in Cuyahoga County, Ohio, you would typically file an "Emergency Motion for Change of Custody" in the Juvenile Court. This motion requests the court to modify the existing custody order due to emergency circumstances. Remember to consult with a local attorney for personalized advice.
It’s Cuyahoga county juvenile division
Hello Kelly, in the Cuyahoga County Juvenile Division, you would file an "Emergency Motion for Change of Custody". It's crucial to indicate that you're the custodial parent and the reason for the emergency filing. Always consult a local attorney for tailored advice. Can I assist with anything else?
So this type of filing would change the fathers visitation rights
Yes, Kelly, filing an "Emergency Motion for Change of Custody" could potentially change the father's visitation rights, especially if there are immediate concerns about the child's safety. However, final decisions rest with the court. Consult a local attorney for personalized advice.
Father does not have shared parenting he only has visitation rights
Hello Kelly, if the father only has visitation rights, an "Emergency Motion for Change of Custody" could aim to modify these visitation rights based on the welfare of the child. However, the court will make the final decision. Please consult a local attorney for personalized advice.
So are you sure this is the right motion even though I have residential and legal custody?
Yes, Kelly, even if you have residential and legal custody, an "Emergency Motion for Change of Custody" can be used to address changes to visitation rights in light of serious concerns. However, always consult a local attorney to ensure you're taking the correct steps.
Ok it won’t change my custody
No, Kelly, filing an "Emergency Motion for Change of Custody" does not necessarily mean your custody will change. It's primarily used to address immediate safety concerns. The court's focus will be on the child's best interests. Please consult a local attorney for personalized advice.
What is the legal citation for the intro
Hello Kelly, for your introduction in an "Emergency Motion for Change of Custody" in the Cuyahoga County Juvenile Division, you could begin with: "Comes now, Kelly, the mother, pursuant to Rule * of the Rules of Juvenile Procedure, hereby files this Emergency Motion for Change of Custody." Always consult a local attorney to ensure your document complies with local laws.
Comes now, Kelly, the mother, pursuant to Rule * of the Rules of Juvenile Procedure, hereby files this Emergency Motion for Change of Custody in the Juvenile Court. Under the current custody arrangement, I hold both residential and legal custody of the child. I am currently seeking emergency change of custody to request that the father Chris…visitation rights be suspended. I urgently bring forth serious allegations of sexual and physical abuse against the child's father and have obtained an Ex parte Domestic Violence protection order on behalf of the child to further ensure her safety (see Exhibit C)
Hello Kelly, your introduction looks comprehensive and clear. It states your current custody status, the change you're seeking, and the reasons for it. However, remember to include evidence supporting your allegations. Always consult a local attorney for personalized advice. Can I assist with anything else?
Is the intro correct
Yes, Kelly, your introduction seems well-structured and includes all the necessary elements: your current custody status, the request for change, and the allegations against the father. As always, consult a local attorney to ensure you're taking the correct steps.
How would you word the above
Hello Kelly, you could phrase it as: "Pursuant to Rule * of the Rules of Juvenile Procedure, I, Kelly, the mother, am filing this Emergency Motion for Change of Custody in the Juvenile Court. Currently, I hold both residential and legal custody of the child. I urgently request a suspension of the father, Chris's visitation rights due to serious allegations of sexual and physical abuse. In light of these allegations, I have obtained an Ex Parte Domestic Violence protection order on behalf of the child for her safety (refer to Exhibit C)." Always consult a local attorney for personalized advice.
How to word this *. I highlight the involvement of the Department of Social Services, the Detective from the Mecklenburg County Police Department, Domestic Violence Safety Alliance, and Pat's Place. The father canceled his meeting with the Detective involved in the case.
Hello Kelly, to phrase it, you might say: "I would like to bring attention to the involvement of the Department of Social Services, the Detective from the Mecklenburg County Police Department, the Domestic Violence Safety Alliance, and Pat's Place in this matter. Notably, the father canceled his scheduled meeting with the assigned detective." Always consult a local attorney for tailored advice.
How’s this look *. 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.
Hello Kelly, your statement appears to be well-structured and clearly communicates your request to limit further interviews and not assign a Guardian ad Litem, considering the child's emotional well-being. Always consult with a local attorney to ensure your document aligns with local laws and court procedures.