Gave SD to NCP (PLEASE RESPOND ASAP!)

[SM_in_FL]

Hi,Soc!
Bm called dh and asked him to keep SD for the next two weeks because of some problems she was having....sooooo...

1) Can anything be done about this?

2) Since we have custody of SD, does she still get cs?

3) Any other suggestions would be wondiferous!

Thanks!!
SM

[SM_in_FL]

Hi, Soc!
Just found out through a public records search that bm was just charged with battery. This was charged on the 1st of August. Apparently there's a restraining order which was placed against her because it seems that she attacked her boyfriend.
Sooooooooooooooooooooooo.......

1) She gave us custody for 2 weeks, but based on this new information, what do we do?

2) Any advise that you'd like to add would be great since this may or may not be a good thing for us!

Thanks!!
SM

[socrateaser]

>1) She gave us custody for 2 weeks, but based on this new
>information, what do we do?

Apply for an emergency custody order based on grounds that the mother presents a clear and present danger to the child, due to the mother's apparent predisposition to physical violence. You will need a copy of the DA's complaint.

>
>2) Any advise that you'd like to add would be great since this
>may or may not be a good thing for us!

Nothing else.

[SM_in_FL]

....tell me what you think (hope you don't mind that I copied you a bit) :D

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
 

______________________________/    

COMES NOW, Respondent, DH, and files this Emergency Motion for Temporary Custody and in support of same states the following:

1. The Minor Child, SD, aged nine years, is currently residing with the Respondent as the Petitioner voluntarily gave custody to the Respondent as of August 6th, 2004.
2. The Petitioner has been charged with misdemeanor battery, case No. XXXXXXXXX, filed August 1st, 2004. (Please see Exhibit "A")
3. The aforementioned criminal charge against the Petitioner is still being processed.
4. There is a restraining order in place against the Petitioner. (Please see Exhibit "B")
5. The Respondent believes that the Minor Child's continued residence with the Petitioner would be detrimental to the Minor Child's physical and emotional well being on grounds that the Petitioner presents a clear and present danger to the child, due to the Petitioner's apparent predisposition to physical violence.
6. 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 Petitioner as deemed appropriate by the Court.
3.    Any other relief this court deems just and proper.
                                                                               
   Respectfully Submitted,
                                                                                 
             DH                                                                      

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Petition was
 mailed to BLAH BLAH BLAH

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

Ok................
1) so whaddaya think? Any room for improvement (please embellish as you see fit :D)

2) based on this, what do you think are our chances for winning this motion?

Thanks!
SM

[socrateaser]

>1) so whaddaya think? Any room for improvement (please
>embellish as you see fit )

This ain't gonna cut it, sorry.

>
>2) based on this, what do you think are our chances for
>winning this motion?

Questions:

1. What exactly is Petitioner charged with having done? Misdeameanor battery could be nothing more that a slap in the face.

2. What facts in the restraining order support a pattern of physically violent behavior in Petitioner?

Unless #1 is pretty serious, or closely related to child abuse, and #2 is closely related to #1, then you're probably wasting your time trying to get an emergency order.

For future reference, an emergency order requires a showing the actual or likely irreparable harm to the person seeking the order (or the child in interest). Without this showing, the court has no authority to make any orders, until the other party is notified and is afforded an opportunity to appear and defend against the motion.

[SM_in_FL]

I suck as a motion writer, my dreams of being a future attorney are shot! :( (I'm kidding) but seriously.....

1) What would make the motion more compelling???

Please please please HELP!
Thank you a trillion times over with chocolate truffles and everything else!
SM

[socrateaser]

>1) What would make the motion more compelling???

FACTS, dear, that show irreparable harm to the child. If you want a custody hearing, you don't need irreparable harm, just demonstration of a substatial change in circumstances.

Lay out your provable facts and then look at them objectively and decide if you can meet either burden. Then ask me for an opinion.