ex parte hearing????

[karynmb123]

I am trying to get physical custody of my child. The CP has been deployed and will be gone for at least 18 months. My child was left with the ex's parent's. He left a power of atty for them and instructed the school not to allow me to pick up the child, this to ensure that if I decided to take the child from his parents I could not send her to school and pick her up without a court order. All of this was done without my knowledge of course, until it was too late and he was gone. He told me the night before he left that he was leaving.

We have joint legal, and he was the primary custodian.  I need to know if I can ask for an ex parte hearing to get my child with me ASAP. Does anyone know much about this and how it works? My child is not in physical danger but I need to get her with me as soon as possible as all of this is very upsetting to her and she wants her mom. And I fear the longer she is there the less likely a judge will be to move her.

Any info or advice would be greatly appreciated.

Thanks -K

[jilly]

You have already been given tons of advice on this issue.  Soc even gave you advice on this.

[joni]

I was just thinking that myself, this poster has posted this question at least 3 times.

Reread the advice that SOC gave you, it was very good.  Follow that advice.  Don't convalute it by posting on this board again, you won't get the quality of advice that you already got from SOC.  SOC already warned you about being confused from the advice that you were getting on this board.

http://www.deltabravo.net/dc/dcboard.php?az=show_topic&forum=106&topic_id=3614&mode=full&page=

[karynmb123]

I'm sorry if I am repeating myself. I have posted things about several different aspects of this situation, sorry if I am bothering you. I was hoping someone who had actually been thru something similar would maybe respond. The court here keeps telling me they don't do emergency hearings and that my ex has to be served which is going to take a long time because he is in the field training for his deployment. Meanwhile, my daughter is very upset and all I am trying to do is get her back as quickly as possible.

Again, so sorry for being a pest.

[Lawmoe]

The fact that the child has been left with a non-parent is a basis to seek an ex parte order in most states.  You should do that and schedule  hearing date to deal tith the Change of Custody.

Unfortunately, you are onluy likely to be awarded temporary custody and a more permanent determination is unlikely to be made until the other parent returns dfrom duty. They are immune for suits during deployment under the Soldier's and Sailors Relief Act.