Motion for Temp Custody (reposted from below)

[SM_in_FL]

Hi, Soc!
This is the Motion which will be filed with the court. If you could please review it and tell me what you think.
Thank you!
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
COMES NOW, Respondent, DH, and files this Motion for Temporary Custody and in support of same states the following:

1. The Minor Child, SD, aged nine years, stated that the Petitioner hits her with a belt.
2. This statement was made during the Court Ordered evaluation to the appointed evaluator, Jane Doe of Doe Evals.
3. The Evaluator made reference to this statement in her final evaluation of the Minor Child (See Exhibit "A").
4. The Petitioner has, by her own submission in a voicemail message dated April 6th, 2004, admitted to being unemployed (See Exhibit "B").
5. The Petitioner also stated in the same message that she has no interest in the psychological or physical well being of the Minor Child.
6. Therefore, Petitioner is working against the Minor Child's best interests.
7. Therefore, Respondent believes that a substantial change in circumstance has occurred warranting a temporary modification of custody pending final disposition of this cause.

WHEREFORE, Respondent moves this court for an order granting the following:
1. Temporary Modification of Primary Residence of the Minor Child with the Respondent as the Primary Residential Parent.
2. Supervised visitation granted to the Respondent as deemed appropriate by the Court.
3. Any other relief this court deems just and proper.

Respectfully Submitted,

DH
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Questions:
1) Would this be sufficient for a temp change in custody?
2) Should it be an "emergency motion" or keeping it as a regular motion is ok?
3) Once we use the evaluator's report for this, we can't use it anymore, can we? Is there any way around that? So far, the evaluator's report is the strongest piece of evidence we have.
4) We're also filing a Motion for Contempt on Bm for not paying her half of the cost for the Eval, so can we ask that both motions be heard together since they are both contingent on the same piece of evidence, i.e., her voicemail message?
5) Is the fact that she claims to be unemployed a sufficient defense for her to be excused from having to reimburse DH?
6) In admitting in court that she is not employed, even if we don't get the money, wouldn't it make it easier on us with regards to this motion, which is the more important of the two? I'm thinking we're kinda of putting her between a rock and a hard place, she either loses money or sd....I'm hoping.

Thank you again, Soc!
SM



 
 
 

[socrateaser]

>COMES NOW, Respondent, DH, and files this ex-parte Motion for an order for emergency Temporary Custody of the parties' minor child, SD, and for an order that Petitioner appear and show cause why this order should not remain in force pending a new custody hearing, on grounds that Petitioner routinely acts against the best interests of the parties' minor child, that her actions are causing irreparable harm to said child, and that Petitioner's actions represent a substantial change in circumstances affecting said minor child's best interests.

Affidavit in Support of Emergency Motion for Temporary Custody

State of , County of ) ss.

I, YOURNAME, Respondent, after first being duly sworn, do hereby depose and say:

1. The Minor Child, SD, aged nine years, stated that the Petitioner hits her with a belt.
2. This statement was made during the Court Ordered evaluation to the appointed evaluator, Jane Doe of Doe Evals.
3. The Evaluator made reference to this statement in her final evaluation of the Minor Child (See Exhibit "A").
4. Petitioner stated a voicemail to me, that she has no interest in the psychological or physical well being of the Minor Child. I have saved this voicemail and can, if called upon, produce it for the court's consideration as evidence.
5. I believe that Petitioner's actions represent a substantial change in circumstance affecting the child's best interests, and furthermore, that the above-stated facts show that the minor child will suffer irreparable harm if she remains in the primary care of Petitioner.
6. For all of the above reasons, I hereby request that this court award temporary custody of the minor child, SD to me, and I further request, that the court order a new custody hearing.

Dated, this _______ day of ________, 2004,


By:_____________________
YOURNAME
Respondent, Pro Se
ADDRESS
CITY STATE, ZIP
CONTACTFONE

Subscribed and sworn to, before me, this ____ day, of _______, 2004,


By: _____________
Notary Public
My commission expires: __________


>Questions:
>1) Would this be sufficient for a temp change in custody?

Maybe...

>2) Should it be an "emergency motion" or keeping it as a
>regular motion is ok?

Probably.

>3) Once we use the evaluator's report for this, we can't use
>it anymore, can we? Is there any way around that? So far, the
>evaluator's report is the strongest piece of evidence we
>have.

Yes you can. You can't use it again for this exact set of facts if your motion here is denied.


>4) We're also filing a Motion for Contempt on Bm for not
>paying her half of the cost for the Eval, so can we ask that
>both motions be heard together since they are both contingent
>on the same piece of evidence, i.e., her voicemail message?

No evidence problem.

>5) Is the fact that she claims to be unemployed a sufficient
>defense for her to be excused from having to reimburse DH?

No. But it's irrelevant to the current motion for custody, so I deleted it.

>6) In admitting in court that she is not employed, even if we
>don't get the money, wouldn't it make it easier on us with
>regards to this motion, which is the more important of the
>two? I'm thinking we're kinda of putting her between a rock
>and a hard place, she either loses money or sd....I'm hoping.

See #5, above.