SPARC Forums

I just filed for and received Emergency Temporary Custody of my 4 year old daughter.  Her mother has been in trouble with the law and with DHS several times, the last was for domestic abuse where she was arrested for attacking an elderly member of her family, with my child present.

She has told me that she will not give up custody but also says she doesn't have money for an attorney.  I know she hasn't even contacted an attorney, yet.

The temporary order was signed two days ago.  I haven't been able to get in touch with my attorney today and I wonder how long she has to respond to the temporary order?  The copy I have doesn't give any timeframe, it just says either party can request a hearing.
Thanks

i think that if the temporay order was sign in your favor, get your lawyer, the proper athority to escort you and go get your daughter. Before the mom decises to take off and make things worse. Its clear to see that she is not in all her right sences, you never know what she might to next.

If your filing was granted and it is  now effective Local law enforcement should able to assist you in ensuring that the order is executed.  Your attorney should already know that the petition, or motion was granted. 

Was your daughters motehr present at court?  Is there another court date? Also have you contacted your local Department of Human Services?   Logon on to the state bar web site for additional information


"Temporary emergency jurisdiction. If a child is present in the state and has been abandoned or is in need of protection because that child or a sibling or parent of the child is subjected to or threatened with mistreatment or abuse, a court may make an emergency custody determination. If there is a prior child custody determination entitled to be enforced under the Act or a child custody proceeding has been commenced in a court having initial, continuing or modification jurisdiction under the Act, the order issued under emergency jurisdiction must specify a period to allow obtaining an order from the other state. If a court is asked to make an emergency order that finds that a proceeding has been commenced in or a child custody determination made in a state which has jurisdiction under the act, it must communicate immediately with that other court. (ACA § 9-19-204)"