Emergency Change of Custody

[dipper]

My fiance has joint custody of his 12 year old son.  Oldest son lives with my fiance.  Son's mother plans on moving to a high population, high crime area where she will only have her family - that the child sees about three days out of the year.  this is over two hours away. He has many family ties here, he has known me for over two years, he has AD/HD and shows symptoms of conduct disorder.

She is planning on moving June 13.  Court date was set for June 1 - my fiance had petitioned for custody and modest cs.  Today a notice came that her lawyer has 'conflicts' so it is rescheduled for June 29.

1) Can my fiance request an ex parte hearing?

2)  Should the child be present to make his wish known?

3)  Would an emergency change of custody be appropriate - citing the changes in residence and the best interest of the child?

4)  What forms would need to be filled out?

5)  How much of a factor should I play in this (as far as showing the stability of the home) as we will be getting married on July 3rd?

6)  Can she move when there is a trial date already set?

Thank you in advance!

[socrateaser]

>1) Can my fiance request an ex parte hearing?

Maybe, but I don't have enough relevant facts.

A. In what State jurisdiction do the parents/children reside?

B. If you want a precise answer, you must post the EXACT text of all of the custody orders (including relocation restrictions), concerning the child in question.

>
>2)  Should the child be present to make his wish known?

If the child is old enough to make an informed statement as to his wishes, then yes, otherwise no.

>
>3)  Would an emergency change of custody be appropriate -
>citing the changes in residence and the best interest of the
>child?

An emergency order of any kind, requires a credible showing of actual or imminent great or irreparable harm. Here, your facts discuss mental health issues and a move to an area you assert as "high crime." By themselves and together, neither of these issues demonstrate a high likelihood of irreparable harm, therefore, no emergency order.

>
>4)  What forms would need to be filled out?

I haven't a clue. Different requirements for different jurisdictions.

>
>5)  How much of a factor should I play in this (as far as
>showing the stability of the home) as we will be getting
>married on July 3rd?

Unless you are a licensed therapist or in some other child-related profession (and I don't mean daycare), I would stay completely invisible.
>
>6)  Can she move when there is a trial date already set?

I don't know. Not enough facts.