Comments on: Can I get custody of my child now if he or she is in danger? http://oregondivorceblog.com/wordpress/2008/08/can-i-get-custody-of-my-child-immeidately-if-there-is-an-emergency/ Divorce and Family Law information from Stephens Margolin P.C. Tue, 07 Feb 2012 19:24:00 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: admin http://oregondivorceblog.com/wordpress/2008/08/can-i-get-custody-of-my-child-immeidately-if-there-is-an-emergency/comment-page-1/#comment-36516 admin Tue, 07 Feb 2012 16:43:13 +0000 http://www.oregondivorceblog.com/wordpress/?p=160#comment-36516 I recommend calling us or another lawyer immediately. If her actions are placing the children in an immediate danger now, I would advise you to file for emergency custody. I recommend calling us or another lawyer immediately. If her actions are placing the children in an immediate danger now, I would advise you to file for emergency custody.

]]> By: Sean http://oregondivorceblog.com/wordpress/2008/08/can-i-get-custody-of-my-child-immeidately-if-there-is-an-emergency/comment-page-1/#comment-36480 Sean Tue, 07 Feb 2012 03:32:25 +0000 http://www.oregondivorceblog.com/wordpress/?p=160#comment-36480 I have joint custody with my ex, my son lives with mew and my daughter lives with her. I feel my ex has a severe drinking problem which is emotionaly damaging my chidren because of the inconsistant parenting. She also is leaving my daughter home alone all the time sometimes 2days or more even though my kids are 15 and 17 it worries me. There has been instances where she has been to drunk to pick them up from sporting events and even more than that. I want to file immediate danger papers to get custody of mu kids till she can prove she provide a stable enviroment. What do you suggest? I have joint custody with my ex, my son lives with mew and my daughter lives with her. I feel my ex has a severe drinking problem which is emotionaly damaging my chidren because of the inconsistant parenting. She also is leaving my daughter home alone all the time sometimes 2days or more even though my kids are 15 and 17 it worries me. There has been instances where she has been to drunk to pick them up from sporting events and even more than that. I want to file immediate danger papers to get custody of mu kids till she can prove she provide a stable enviroment. What do you suggest?

]]> By: Tulsa Divorce Attorney http://oregondivorceblog.com/wordpress/2008/08/can-i-get-custody-of-my-child-immeidately-if-there-is-an-emergency/comment-page-1/#comment-32450 Tulsa Divorce Attorney Thu, 15 Dec 2011 02:32:29 +0000 http://www.oregondivorceblog.com/wordpress/?p=160#comment-32450 This is helpful information - thank for sharing. This is helpful information – thank for sharing.

]]> By: C. Sean Stephens http://oregondivorceblog.com/wordpress/2008/08/can-i-get-custody-of-my-child-immeidately-if-there-is-an-emergency/comment-page-1/#comment-21751 C. Sean Stephens Tue, 31 May 2011 17:16:13 +0000 http://www.oregondivorceblog.com/wordpress/?p=160#comment-21751 John: If you can show a pattern of bad faith stalking order and restraining order filings, and a court construes your facts as causing an immediate danger to your child, then yes. If you don't already have one, you should get a lawyer well versed in the UCCJEA immediately. Talk to the lawyer about getting an "order of assistance" allowing law enforcement to forcibly retrieve the child. John:

If you can show a pattern of bad faith stalking order and restraining order filings, and a court construes your facts as causing an immediate danger to your child, then yes. If you don’t already have one, you should get a lawyer well versed in the UCCJEA immediately. Talk to the lawyer about getting an “order of assistance” allowing law enforcement to forcibly retrieve the child.

]]> By: John Volturo http://oregondivorceblog.com/wordpress/2008/08/can-i-get-custody-of-my-child-immeidately-if-there-is-an-emergency/comment-page-1/#comment-21720 John Volturo Mon, 30 May 2011 17:37:49 +0000 http://www.oregondivorceblog.com/wordpress/?p=160#comment-21720 Is it possible to get emergency custody when the custodial parent continues to flee from state to state to avoid parenting time and custody hearing? My child was taken from the state after the restraining and stalking orders were dismissed due to only being placed against me to allow time to flee the state to forbid my parenting time. After I found the custodial parent and child in another state and served them with a parenting enforcement judgment, they filed a restraining order against me to forbid my parenting time. Once again, they fled the state after the restraining order in that state was dismissed on the grounds that it was only to deter parenting time. Now they have a stalking order against me in order to allow time to flee this state and go to a third state with my child once the stalking order is dismissed. My child is autistic and mute and they are neglecting the needs of the child, leaving the child alone at home alone as well as the boyfriend drives extremely dangerous with my small child standing in the passenger seat, rather than in a car seat. The bi-polar boyfriend does not take medication and claims to self-hypnotize himself as his cure. The mother has relinquished her parental rights to him. He boasts online about being the caregiver of my child as well as making my child call him "Daddy". I fear that my child may not recover if they continue to neglect and abuse him as well as continue to flee from state to state to avoid the custody hearing and my parenting visitation with my child. My hearing is in one week and I am in fear that they will flee again with my child and I will have to find them again. It is always this way since the divorce. I find my child, and serve them with a parenting enforcement order, they file a restraining order, then a stalking order and when they are both dismissed, they flee with the child and start the cycle over and over again for the past 3 years. Is it possible to get emergency custody when the custodial parent continues to flee from state to state to avoid parenting time and custody hearing?

My child was taken from the state after the restraining and stalking orders were dismissed due to only being placed against me to allow time to flee the state to forbid my parenting time.

After I found the custodial parent and child in another state and served them with a parenting enforcement judgment, they filed a restraining order against me to forbid my parenting time. Once again, they fled the state after the restraining order in that state was dismissed on the grounds that it was only to deter parenting time. Now they have a stalking order against me in order to allow time to flee this state and go to a third state with my child once the stalking order is dismissed.

My child is autistic and mute and they are neglecting the needs of the child, leaving the child alone at home alone as well as the boyfriend drives extremely dangerous with my small child standing in the passenger seat, rather than in a car seat.

The bi-polar boyfriend does not take medication and claims to self-hypnotize himself as his cure. The mother has relinquished her parental rights to him. He boasts online about being the caregiver of my child as well as making my child call him “Daddy”.

I fear that my child may not recover if they continue to neglect and abuse him as well as continue to flee from state to state to avoid the custody hearing and my parenting visitation with my child.

My hearing is in one week and I am in fear that they will flee again with my child and I will have to find them again. It is always this way since the divorce. I find my child, and serve them with a parenting enforcement order, they file a restraining order, then a stalking order and when they are both dismissed, they flee with the child and start the cycle over and over again for the past 3 years.

]]> By: Columbus Ohio Divorce Attorney http://oregondivorceblog.com/wordpress/2008/08/can-i-get-custody-of-my-child-immeidately-if-there-is-an-emergency/comment-page-1/#comment-21431 Columbus Ohio Divorce Attorney Sun, 15 May 2011 01:10:55 +0000 http://www.oregondivorceblog.com/wordpress/?p=160#comment-21431 Interesting. We have very similar options/ protections available here in Ohio. Interesting. We have very similar options/ protections available here in Ohio.

]]> By: admin http://oregondivorceblog.com/wordpress/2008/08/can-i-get-custody-of-my-child-immeidately-if-there-is-an-emergency/comment-page-1/#comment-20330 admin Mon, 28 Mar 2011 14:08:21 +0000 http://www.oregondivorceblog.com/wordpress/?p=160#comment-20330 Yoti: If the father is not on the birth certificate and has not acknowledged paternity, he is not entitled to the same rights as a father that has voluntarily acknowledged paternity or established paternity through some other means. An "immediate danger" order isn't needed because he doesn't have any visitation rights. While he would have difficulty stopping a move, there is strategy involved in how you do it. I encourage you to contact our office for a consultation for more detailed advice. Yoti:

If the father is not on the birth certificate and has not acknowledged paternity, he is not entitled to the same rights as a father that has voluntarily acknowledged paternity or established paternity through some other means. An “immediate danger” order isn’t needed because he doesn’t have any visitation rights. While he would have difficulty stopping a move, there is strategy involved in how you do it. I encourage you to contact our office for a consultation for more detailed advice.

]]> By: Yoti Starr http://oregondivorceblog.com/wordpress/2008/08/can-i-get-custody-of-my-child-immeidately-if-there-is-an-emergency/comment-page-1/#comment-20324 Yoti Starr Mon, 28 Mar 2011 05:49:14 +0000 http://www.oregondivorceblog.com/wordpress/?p=160#comment-20324 I am not married and the father refused to be on the birth certificate at birth. As far as I know he has not declared paternity. We do not have a written agreed upon schedule for visitation which is, by the way, infrequent and usually just for a few hours at a time since my son who is a year old is still nursing . Father is very hostile towards me and gets very abusive when he gets angry. I want to move away just far enough (within same state) to get away from his tirades and anger. Can he get an "Immediate Danger" Ex Parte Order if he thinks I am leaving town even if he knows I am a good Mom? Or does he have to go through some other process? Yoti I am not married and the father refused to be on the birth certificate at birth. As far as I know he has not declared paternity. We do not have a written agreed upon schedule for visitation which is, by the way, infrequent and usually just for a few hours at a time since my son who is a year old is still nursing . Father is very hostile towards me and gets very abusive when he gets angry. I want to move away just far enough (within same state) to get away from his tirades and anger. Can he get an “Immediate Danger” Ex Parte Order if he thinks I am leaving town even if he knows I am a good Mom? Or does he have to go through some other process?

Yoti

]]> By: Kati http://oregondivorceblog.com/wordpress/2008/08/can-i-get-custody-of-my-child-immeidately-if-there-is-an-emergency/comment-page-1/#comment-19880 Kati Thu, 10 Mar 2011 06:07:53 +0000 http://www.oregondivorceblog.com/wordpress/?p=160#comment-19880 Hello, My sister currently has a parenting plan with her ex-husband that says she has custody of them except for that he gets to have them every other weekend and on some holidays. He has been acting increasingly angry and out of control and has threatened not to bring the kids back after the next visit. Is this enough for a judge to grant emergency full custody? Hello,

My sister currently has a parenting plan with her ex-husband that says she has custody of them except for that he gets to have them every other weekend and on some holidays. He has been acting increasingly angry and out of control and has threatened not to bring the kids back after the next visit. Is this enough for a judge to grant emergency full custody?

]]> By: payday cash http://oregondivorceblog.com/wordpress/2008/08/can-i-get-custody-of-my-child-immeidately-if-there-is-an-emergency/comment-page-1/#comment-6262 payday cash Thu, 10 Dec 2009 20:28:47 +0000 http://www.oregondivorceblog.com/wordpress/?p=160#comment-6262 Good Afternoon!!! oregondivorceblog.com is one of the most excellent resourceful websites of its kind. I enjoy reading it every day. Keep it that way. Good Afternoon!!! oregondivorceblog.com is one of the most excellent resourceful websites of its kind. I enjoy reading it every day. Keep it that way.

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