Emergency Motion for Temporary Custody of Child

[joni]

   1.    Since the entry of the Judgment of Divorce dated Sept 2002, there has been a substantial change in circumstances that warrants a change in the custody of the minor child age 8.

      2.    The divorce Judgment granted the Mother sole legal and physical custody.

      3.    On or about August XX, 2005, the Mother was properly served with a motion by the Father for a change in physical and legal custody of minor child.

      4.    Among other issues, the motion for a change in physical and legal custody of minor child is based on physical and emotional abuse the minor child suffers at the hand of the Mother (2 EXHIBITS - Photos of multiple bruises on back).  The abuse occurs in the home of the maternal grandparents where the minor child resides with her Mother.

      5.    Additionally, the motion for a change in physical and legal custody of minor child was brought based on the minor child witnessing verbal and emotional of abuse of the maternal grandparents by the minor child's own Mother.

      6.    The Father further warrants that the current residence of the minor child is not a safe harbor, given that the maternal grandparents have witnessed this abuse and not intervened to stop the verbal, emotional and physical abuse of the minor child.  

      7.    The current residence of the minor child is an unsafe, unsupervised atmosphere that not only promotes the domestic violence of the minor child and the maternal grandparents at the hand of the child's own Mother.  

      8.    The court should appreciate that it took tremendous courage for the minor child to come forward and tell her Father of the abuse the minor child is suffering at the hands of her own Mother.

      9.   The Father believes it is his duty to protect the minor child from ongoing abuse.

      10.   The Father believes and fears that the abuse of the minor child will only escalate now that the Mother has become aware of the minor child has come forward with the truth of her abuse.  The Motion for a change in physical custody of the child was served on the Mother while the child was in the safe harbor of her Father.

   11.   The Father fears for the minor child's health, well being, safety and life.

   12.   The Father believes that the maternal grandparents have created an environment in which the Mother freely and continually abuses her own child and the grandparents witness and allow this abuse.  The maternal Grandmother is the child's babysitter and caregiver and has done nothing and not reported or stopped the abuse of the child.

   13.   The Father believes the only way he can protect the minor child is if the court immediately places the child in the Father's physical custody.

   14.   Under the current summer visitation schedule, the child is due to be returned to the Mother on August XX, 2005.

      THEREFORE, Defendant requests this court grant him temporary physical custody of the minor child.  This placement should include the legal right for the Father to act as Custodial Parent and Guardian of the minor child and accordingly, allow the child to attend grammar school in the Father's residence district.  Further, the Mother's visitation should be temporarily suspended until arrangements can be made for supervised visitations to be put into place to protect the minor child.  The Father also asks for the court to suspend the payment of child support and childcare to the Mother until a final court decision is made.

[socrateaser]

No problems. I assume you have a sworn declaration to accompany this petition, that supports the allegations.

[joni]

do you mean a 3rd party letter where child admitted abuse to this person?  

would it have to be notarized?

also photos of the bruises?

[socrateaser]

>
>do you mean a 3rd party letter where child admitted abuse to
>this person?  

No I mean a declaration/affidavit that swears that you know of the supporting facts with your own personal knowledge. If those facts are that the child has told you such and such, then that's what you're swearing to, even though it is technically hearsay.

And, if the child were to swear to the events in writing, that would be ok, too.

>
>would it have to be notarized?

Depends on the jurisdiction's rules, so, I' don't know (ex: Oregon yes, California, no).
>
>also photos of the bruises?

Do the photos need to be notarized? No, but you must swear that they are what you purport them to be -- authentic photos of the child's back, taken by _____, on _____ (date).