Petition court for ex parte temp custody order (help, how-to)

[Sajos DAD]

Hello everyone!

I've been searching the web for information on how to petition the court for ex parte custody order. No luck, most of what I've found is related to disputing an ex parte order. Perhaps it is not what I need anyway! Any advice would be greatly appreciated as I unfortunately am unable to hire an attorney at the moment.

Here is a short history.

Ex-GF was awarded custody back in 2001 and moved out of state with our 2 children. 3 years ago when kids came for their summer visit she (mom) brought all their stuff and said she was leaving them to live with me for an unspecified amount of time but said it would be "years". Indeed it has! During the past 3 years she has maintained regular phone contact but has only excercised visitation of about 5-10 DAYS per year, where she would fly out to visit (she currently lives in CA and the kids and I reside in MI) She maintained legal custody and I didn't press the issue for fear that she would argue that the arrangement was only for a short time. (FOC was/is aware the kids were living with me).

Mom now wants to take kids out to CA for summer break. I don't object to this as long as I have a guarantee they will be returned before school starts up in the fall. I do not trust her as she has expressed an interest to the children that she wants to move them out there! Kids airline tickets are for June 2!

Is it possible to receive some help filing for an ex parte temporary custody order (in MI)? Any forms available? (FOC said I needed to create one, sounds like BS to me)

Can an ex parte from MI be enforced in CA? Will it offer enough security to allow her to have the children for their visit?

Would I be a fool to send them out to CA before I have some type of custody order?

Considering my limited time, is there someone I may be able to call?


Please Help! Any and all comments GREATLY APPRECIATED!

Thank you all!


Sajos DAD

[Davy]

SOC was invaluable to many many people for many years practically on a daily basis.  No one knows why he/she/it departed.  

[mishelle2]

ok your best bet is to talk to an attorney, with the jurisdiction issues it could be tricky, what state is the original order out of that states mom has legal custody? You may be able to file a stipulated agreement but it will have to be notarized and signed by the judge which would take a few weeks. DO NOT LET HER LEAVE WITH THE CHILDREN UNTIL YOU HAVE LEGAL PAPERWORK DONE!!!! TRUST ME...SHE WONT BRING THE KIDS BACK AND IT WILL COST YOU A FRIGGIN FORTUNE TO GET THEM!!!

What part of CA is she in?

[Sajos DAD]

The presiding court is here in MI.  She's in lower middle CA.

I spoke with LegalAid today and sounds like I have a few options (none of which are simple, nor guaranteed ;0)  

I will still have to perform everything myself but at least now I do have the guidance of legal aid, (good or bad).  They also recommended NOT sending the kids for visit until an order of sorts has been established.  

My problem  at the moment is that FOC caseworker is about impossible to get hold of because of her own family issues.  FOC tells me there is nobody to forward me on to.  So I have to keep trying.

Please keep any suggestions coming and I will try to keep you posted as to the changes taking place.

Thanks again,

Sajos DAD

[mishelle2]

How long have kids been in MI? and are they school aged? If so.. file an emergency order for custody.. like .. tomorrow attach the kids enrollment forms and report cards to show proof that children have been residing with you. I dont know what FOC stands for.. so ... ? but if its your childsupport worker.. they dont handle custody.. just $$$$ You might be able to find an atty that will tell you what to do during an initial consult or that can at least do the paperwork for you for a smaller fee than his retainer.. Id go that route.. heck.. Id refi my house to pay for an atty.. and if she gets one.. make sure you do to I dont care what it costs.. otherwise .. youll loose.. the one with the best atty wins..period...