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I was awarded temp emergency custody due to child's mother arrested for drugs whats the chance that you will gain full custody at next hearing?
Wiki User
∙ 16y ago
Without knowing the jurisdiction difficult to say.
In general, you'd need to prove the mother is unfit to have custody.
This is a hard thing to do.
Joint custody is more likely.
Wiki User
∙ 16y ago
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How do you appeal or amend a emergency custody hearing order?
File an appeal within 30 day or an modification there after.see link
Can a non custodial parent get emergency custody from a custodial parent if the custodial parent is giving child adhd medication against physician orders?
The noncustodial parent would have to call the state's child abuse hotline and report this to them, and then await their instructions on how to gain custody of the child if they should be taken away from the parent.
Can a 15 yr old speak to the judge at a custody hearing in ny?
Yes, see related links
If you have sole custody of a child and you get arrested can the father take the child?
The answer depends on the details which haven't been included here.This is a complicated situation and you haven't explained whether the mother is incarcerated. If so the father may have to provide a safe temporary home for the child while he files a petition for an emergency temporary custody order until the full hearing can be scheduled. If the father is available, in the child's life and has not been deemed an unfit parent then he can petition for a modification of the custody order and request permanent custody.If anyone wants to object they can express their objections to the court and file their own petition for guardianship. The court will hear testimony and review evidence and render a decision. If no one comes forward the child will likely be placed in foster care.
What purpose does a grand jury or preliminary hearing serve?
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.
What happens when you are taken to court for joint custody?
The other parent has filed a petition for joint custody. They want to have the right to be included in decisions regarding the child and perhaps want equal physical custody also. There will be a hearing. If you presently have sole custody and object to the other parent being awarded joint custody then you should consult with a attorney who specializes in custody issues who can represent you in the action.The other parent has filed a petition for joint custody. They want to have the right to be included in decisions regarding the child and perhaps want equal physical custody also. There will be a hearing. If you presently have sole custody and object to the other parent being awarded joint custody then you should consult with a attorney who specializes in custody issues who can represent you in the action.The other parent has filed a petition for joint custody. They want to have the right to be included in decisions regarding the child and perhaps want equal physical custody also. There will be a hearing. If you presently have sole custody and object to the other parent being awarded joint custody then you should consult with a attorney who specializes in custody issues who can represent you in the action.The other parent has filed a petition for joint custody. They want to have the right to be included in decisions regarding the child and perhaps want equal physical custody also. There will be a hearing. If you presently have sole custody and object to the other parent being awarded joint custody then you should consult with a attorney who specializes in custody issues who can represent you in the action.
How do you appeal or amend a emergency custody hearing order?
File an appeal within 30 day or an modification there after.see link
How can I get my babys back from there father that is illegal in the US He filed for emergency temporary custody?
There will be a hearing. Show up. The judge will take it from there.
Is an ex-wife allowed to see her children if she failed to appear in court for the custody hearring?
If she was awarded visitation rights in the custody hearing (and that can happen whether she was physically present at the hearing or not) or files a motion for visitation at any time and it is so ordered by the court, yes she may.
If a mother with phsical custody is incarcerated will the father with joint legal custody be automatically awarded custody of the child?
I think it depends on how long the mother will be incarcerated for. There might be a hearing giving the father temporary custody. But if the father ever tries to get full physical custody of the child in the future, it might not be good for the mother. However, she can never be refused visitation.
Is it considered irreparable harm if mother has prescription drug abuse problem is incarcerated in SC for me to get emergency custody of my children in KY?
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.
Can 10 year olds choose to go to their dad or mom?
In court with a custody hearing the child's decision may be considered but when you are under the age of eighteen the court still has the ultimate decision of who is awarded custody based on which parent has the best opportunity to raise and guide you through your formative years.
What is the biological parents rights if givin up temporary custudy?
I think what you are asking is what are the parental rights if someone else obtains custody? If this is your question then the answer depends on why someone else has temporary custody. Is CPS/DCFS/DSS involved and did they remove the children? Was there are guardianship hearing that awarded someone temporary custody? If there is indeed a temporary custody order in place your parental rights are determined by the court governing said order.
Mother wanted to leave state with child to pursue career change. Judge awarded 'temporary custody' to father . What does this mean?
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.
How do you start a civil custody case?
File a motion to appear in the Family Law Branch of the Civil DIvision of your local Circuit Court. When your hearing is granted be well prepared with good sound legal resasoning as to why the custody of the person you are challenging should be ended or altered, and custody awarded to you. It would probably be best if you retained an attorney to assist you with any such action.
Time limit for notification of a custody hearing?
1 day
Can a preliminary hearing be held without the person that was arrested?
No. The person that has been arrested must be present.
