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What happens to an ex parte petition for emergency custody when its filed. Does the court take it under investigation immediately or does it just sit there until the hearing?
Wiki User
∙ 11y ago
That depends on state law where you reside (it would be so helpful if people would provide that information when asking questions).
Where I live, the motion is forwarded to the hearing officer and granted the same day without any input from the opposing party if a clear and compelling case is outlined in the petition, then the minor in question's custody is immediately remanded to the person granted the petition, at least until a hearing is held. State law (again, where I live) mandates this must take place within 10 days.
As the laws vary from state-to-state, the consideration from the court cannot be captured in one easy explanation. There are courts who that are more likely than others to take on emergency authority.
Wiki User
∙ 11y ago
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Will the judge change custody over to the non custodial parent if the custodial parent went to prison?
The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.
Can grandparents take custody of a minor if the parent is on drugs in dade county Florida?
Only after approval of an Emergency Petition for Custody for a Child In Need of Care.
Is there a motion you can file to gain custody immediately?
If no custody orders exist, a motion for temporary custody can be made while in possession of the child. An emergency motion for custody can be filed with evidence of immediate danger to the child.
What do you as a grandmother need to pick up your dead daughter's boys after their father has dropped them off at DFF?
You need to go to court and file an ex parte motion (emergency custody) and you may be granted temporary custody based on the same. To retain permanent custody, you would need to file a petition based on the same, wait for the hearing and participate in the subsequent investigation, then the judge will decide whether or not to award permanent custody to you, another party or remand the children back to the custody of the state.
How do you get temporary custody as the father till you go to court?
You need to file a petition for temporary custody at the family court with jurisdiction.You need to file a petition for temporary custody at the family court with jurisdiction.You need to file a petition for temporary custody at the family court with jurisdiction.You need to file a petition for temporary custody at the family court with jurisdiction.
How do i get custodyChild in my home that i don't have custody of?
petition the court for custody
Can you go get your child if the custodial parent is in jail for criminal drug charges?
Only if the sentence is for a long,long time,if he can not be rehabilitated or refuses treatment.Just because he is incarcerated he still has parental rights and Due Process Law protects his right to parent.Now, if this charge was a AGGRAVATED SITUATION like situation, then go for relinquishment of his PR, You wont need sole custody, courts will automatically give the child to you, Word of advise keep your NOSE clean!
How does a 16 year old petition the court to live with other parent?
Children cannot petition courts regarding their own custody. The petition must be filed by the non-custodial parent.Children cannot petition courts regarding their own custody. The petition must be filed by the non-custodial parent.Children cannot petition courts regarding their own custody. The petition must be filed by the non-custodial parent.Children cannot petition courts regarding their own custody. The petition must be filed by the non-custodial parent.
Your nephew is a ward of the state of Florida How can you obtain custody?
You are going to have to file a custody petition through Family Court or Domestic Court or Juvenile Court or whatever it's called down there. Be ready for a pretty extensive and intensive background investigation.
Does your father have the right to take custody of you if you want to live with him?
No. He cannot obtain legal custody without a modification of the custody order by the court. He would need to petition for a change in custody. The court would review the petition and render its decision. It would be easier if your mother consents to the petition.
Is it illegal to refuse emergency health care during a criminal investigation?
In America, it is illegal to refuse anyone who presents at an ER with Emergency Medical care. See the Emergency Treatment and Active Lab or Act (EMTALA). This is true regardless of whether a criminal investigation is in progress or not. If you are asking, "When in police custody (arrested or detained), is it illegal to withold emergency medical treatment?", that answer too is yes. When you're in custody, it becomes the responsibility of the detaining agency to make sure you receive necessary (albeit sometimesminimal) care.
You are in Mexico and your wife and son are in the US What can you do to get Washington Child Protective Services to give you custody of your son who was removed from your wife's custody?
You need to appear in the court that has jurisdiction and petition for custody.You need to appear in the court that has jurisdiction and petition for custody.You need to appear in the court that has jurisdiction and petition for custody.You need to appear in the court that has jurisdiction and petition for custody.
