Custody
Children and the Law

Can a child be removed from custodial parents home at a preliminary hearing for reversal of child custody?

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2010-09-05 05:52:56
2010-09-05 05:52:56

Only if there are grounds for concern for the safety of the child, or that the parent will run.

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A waiver of preliminary hearing means that it has been decided, or agreed, that no preliminary hearing is needed and so none will be held.


The father has temporary custody until the court has held a hearing, examined the issue from both sides and made a decision concerning a permanent custodial order.The father has temporary custody until the court has held a hearing, examined the issue from both sides and made a decision concerning a permanent custodial order.The father has temporary custody until the court has held a hearing, examined the issue from both sides and made a decision concerning a permanent custodial order.The father has temporary custody until the court has held a hearing, examined the issue from both sides and made a decision concerning a permanent custodial order.


the purpose of a preliminary hearing in juvenile court is to


Yes, a defendant can get a copy of his preliminary hearing transcripts.


The preliminary hearing is used to decide whether or not a crime has been committed. During the preliminary hearing, the court will decide whether or not to pursue charges.


Immediately file an injunction to stop the move of the child pending a full court custody and access hearing.


My husband is going through a custody battle in Florida right now and we filed seven months ago and there is no hearing as yet... Still working through the preliminary "stuff" and custody has not been even heard as yet with no scheduled date for a hearing. I know some states there is a law that states custody hearings are given the utmost importance... Florida apparently is not one of them.


The non-custodial parent should return to the court that has jurisdiction over the case and request a hearing for temporary custody. The court can have the situation reviewed and then issue court orders to change permanent custody if necessary.


Only if that arraignment was made in the custody part of the divorce settlement. If it wasn't so stipulated, then the non-custodial parent must patition the divorce court for a new custody hearing.



The purpose of a preliminary hearing is to determine whether or not there is enough evidence for an actual trial. This helps avoid overburdened courts.


If the preliminary hearing is commensurate with your bond hearing, it is possible that you could either have bail set at that time, or released on Personal Rocognizance.


If you are the father, the minute that the mother went to jail, you should have gotten custody of your children. If the mother (assuming she is the custodial parent) is incarcerated, then the non-custodial parent should file for an emergency hearing and get custody of the children. State lines are not as important as the welfare of the children.


Needs to be stopped pending a full court hearing. see link below


HTS waived for preliminary hearing means the defendants forgoes his rights to this hearing. The defendant just wishes to proceed to the next step of the judicial process.


Once a judge rule to hear a motion at the preliminary hearing stage, can the states attorney acquire an indictment before the judge rule on the motion that was set for a hearing date?



Typically a preliminary hearing which is required to establish probable cause to arrest and in some cases to detain a suspect. An arraignment is when the formal charges are read to the accused and the accused has an opportunity to enter a plea. In many cases both the preliminary hearing and the arraignment occur at the same time.


Depending on the state you are in (some use the Grand Jury System and others use the Preliminary Hearing system) it is the hearing at which the defendant is formally charged with the offense he was arrested for.


No, both biological parents must be notified of a custody hearing. However, if the parent who the child does not reside with does not appear in court on the date of the hearing they may lose their custodial rights by default. If child support has been ordered by the court the issue of custody would have already been decided.


A preliminary hearing simply determines that there is probable cause or reason to believe that a crime has been committed and that you may have committed it so the case can proceed to trial. By waiving the preliminary hearing, you are not admitting guilt, you are only agreeing that there is enough evidence against you for you to stand trial.


If a parent does not appear at the custodial hearing he or she will usually lose the right to contest any custodial ruling made by the court, and it is irrelevant whether or not the absentee parent signs any documents. This does not mean that said parent does not have the right to file a suit to have the custodial order amended.


You would be unlikely to get custody while DCFS is involved. You could ask DCFS what classes you can take to improve your parenting, which would help in a custody hearing. You could ask if a non-custodial parent like yourself can have a reunification or at least a mediation plan established for you.


A preliminary hearing might better balance the rights of society and the rights of the accused. With a preliminary hearing a judge is going to weigh the evidence and decide if there is enough evidence for trial. With a grand jury, a group of citizens decides if there is enough evidence for trial.



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