Child custody

Kandice - posted on 08/10/2013 ( 3 moms have responded )

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Curious if anybody knows about child custody hearings. My friend doesn't have primary custody of one of her daughter's right now the dad does. But he has been on drugs since after he was awarded custody and he still is now, very badly. The child goes to her moms during the summer so she's there now, but has to go back NEXT WEEK to her dads for school. They are in two different states. If she requested an emergency custody hearing does it have to be in the state the child's primary home is or can she do it from her state? Can she request that he has to have a drug test? Please help it's an emergency. She can't just take him to court because she has no evidence.

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Kandice - posted on 08/12/2013

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The mother called CPS today and they told her there is nothing that they can do until the child is in his care. They did put it on file and told her to call back if she gains any more information. The mother also informed them there is a baby living in his home and that the mom of that baby is facing child endangerment charges right now. They said they would see if there are any cases involving that baby and if there are, they will investigate them immediately. If not they said they have to wait until the child is in his care. She has also called the sheriff's dept in her county to tell them the situation. They told her to call them if he picks her up and appears to be under the influence and if he was they would either come to her house or pull him over on his way out. Good news is, the father postponed the trip, he keeps making excuses, so she has a little more time to gather information and keep her baby safe.

[deleted account]

Can I get temporary emergency custody?

If you are applying in a state where you and the child have recently arrived:
Under a law called the UCCJEA, you can apply for temporary emergency custody in a state that is NOT the "home state" of the child if the child is present in the state and:

the child has been abandoned; or
it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.*

Note: Every U.S. state follows the UCCJEA except for MA.** If you live in MA, which follows a different law called the UCCJA, emergency custody may only be granted if the child has been abandoned or the child (not a parent or sibling) is subjected to or threatened with mistreatment or abuse.

We strongly recommend that you talk to a lawyer who specializes in domestic violence and custody issues about your situation before leaving the state if at all possible. To find one in your area, please click the Where to Find Help tab at the top of this page.

If you are granted emergency custody, the order would likely be what is called an "ex parte" order since the other parent would not be present in court. Ex parte orders are generally good for a short period of time until a return court date where both parents are present in court before the judge. Note: If a custody order already exists in State A and you are getting an emergency custody order in State B, the emergency order may generally only last for enough time to allow you to go back to State A and change that existing order.***

If you are applying in the child's "home state":
You may request temporary custody (or emergency custody) if you are filing for custody in the child's "home state," which is generally the state where the child has lived for the past 6 months consecutively (in a row). Depending on your state, you may be able to request temporary emergency custody as part of a regular custody petition or there may be additional forms you need to file. You may or may not have to prove that the child is in danger in order to get emergency custody. However, you still may not be able to take your child out of the state even if you have temporary custody - it may depend on what the order says. If you know you are planning to leave the state, you might want to ask the judge to include permission for you to leave the state in the custody order. It is up to the judge to decide.

* UCCJEA § 204(a)
** current as of August 2011
*** UCCJEA § 204(c)

I got this information from this very helpful website called WomensLaw.org tell your friend to go to this website and they will tell her the laws in her state as well as the fathers state. Also at alot of court houses there are pro bono lawyer who can give you advice . Hope this helps :)

[deleted account]

To my understanding ,where ever the Jurisdiction lies is where the emergency custody needs to be filed. So if all the custody hearings took place in the fathers home state that is where she would have to file emergency custody, especially if her intentions are not to return the daughter back to the father next week. He could accuse her of kidnapping I believe if it is not done properly I believe. The first people that need to be called is CPS if her father is doing drugs, so an investigation can be conducted . If he openly does drugs CPS will find it because he will have no time to hide it. If you call CPS they have to respond within 24 hours. If there is probable cause meaning if they go to his house and see marijuana, they can request to do a drug test. CPS can take the child out of his home if they find drugs no matter what court order is in place, and then maybe that will be solid evidence when going to obtain emergency custody. Hope this helps

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