Ex Parte for temporary custody/visitations, PLEASE HELP...

[John R]

For the sake of typing, I have another topic in this forum titled: "23 and already going through it :(" (please refer to that post to know a little more about what is going on"...

ok,... I have a pending court date (not yet determined) for custody etc. I AM NOT the moving party,... while waiting for the court date, I am being denied ANY visitations besides seeing my child at his mothers home and on HER terms.

I am attempting to enter an "EX PARTE ORDER FOR TEMPORARY CUSTODY/VISITATIONS" because my mother is going to visit me for a week and a half and has not yet been able to see my child (he is almost a year old now).

I was wondering if any of you have knowledge on preparing this "Ex Parte order." I spake with the judge's assistant and she mentions i just need to prepare it and give it to her and she will see if the judge will sign it (I reside in MI. I understand it may be different in other states.)

my question is, Does anyone know what type of things are important to place in this ex parte order that i will submit to the judge?

I am requesting the exparte for temp. visitations so my mother can see my child while she is here visiting me. (I can wait till my court date.) but my mother lives all the way across the US and doesnt come out much.

any advice or info on this procedure would be a huge blessing to me.

thank you in advance

[Fueledbyjava]

You deserve 50% time with your child, she has no more right to keep them from you than you do from her. Until there is a court order determining custody/visitation schedules etc. You could go get the kids and take them home with you and there is nothing she can do about it. Just FYI. The temp. Custody should have a proposed schedule and be a thorough as possible, you will probably have to have a hearing as I am sure her lawyer and she will object to it. i do not know how much time you want with your children but you should be as thorough as you possibly can be with regard to pick up/drop of times and places as well as the days you would like to have her. Again keep track of any denied access and try to get evidence proving such, besides your word. Be civil and follow the law do not cause trouble at her parents home and do not get into it with her just address her as needed for your children and try to do that in writing when at all possible.

[John R]

Thank you for the informatin and help. You actually answered my next question. which is:

My mother is coming to visit from California for a week. She has not yet been able to see the child and he is almost 1 year old now. I was wondering if, WHEN THE CHILDS MOTHER LETS ME TAKE HIM FOR EVEN A FEW MINUTES, IS THERE ANYWAY THAT I CAN GET IN TROUBLE FOR TELLING HER THAT I AM NOT GOING TO RETURN HIM UNTIL AFTER MY MOTHER LEAVES TO GO HOME?...

I really wish I did not have to take such an action however, I deserve to spend time with my child and she is absolutely refusing to let me.

There is currently no custody/visitation etc. order.

So I guess,... If I did take the action and keep the child and tell his mother that I would return him AFTER my mother went back home to california, will I get in trouble?...

also,... If I did take this action and she showed up at my house with the police in an attempt to get the child back,... Do I have a reasonable defence against the police to keep the child at my house and not have to give him back to his mother?

please answer these questions as swiftly as possible if you are certain of this situation, my mother will only be at my home from 09/11/2008 through 09/20/2008.

thank you in advance.

[Fueledbyjava]

Again, don't do it unless you are legally the childs father. trey to get her to agree to let you and your mother have visitation with your son.

[ocean]

I do not think this is legally true if the parents were never married. Yes, he deserves 50/50 but the mother has legal custody when there was not a marriage until the court orders otherwise.
His temp order was denied so he has nothing in writing...

[Fueledbyjava]

I guess you are right. But why wouldn't he as the father, married or not, have any rights to time/visitation with his child. This seems wrong, there has to be some sort of legal recourse that as the childs father he can fall back on to get time with his son.

[Kitty C.]

Yes, there is, BUT he has to prove paternity, which can only be done through the courts.  And if the mother contests, it can draw it out and get costly (ie. court appearances and filings, DNA testing, etc.).

States may differ on this, which is why you have to do your homework to find out what your state allows and requires.  But if your name isn't on the birth certificate, you have no claim to the child until you are proven the father.

[Fueledbyjava]

That's waht I was wondering, if his name was on the B.C., that should get him some sort of visitation i would think, even just a day here and there.

[Kitty C.]

IF his name is on the BC, then he has a legitimate claim to petition for paternity thru the court.  Just because his name is on the BC doesn't 'automatically' give him any rights......which sucks, because the father's name on the BC should hold just as much weight as the mother's, but it doesn't.  I know, I used to do BC's at a major hospital in Sacramento, CA......women lie on those things all the time (especially by omission), the courts know this, thus requiring the father to jump thru the hoops necessary to get any rights to his child.

[Fueledbyjava]

Wow, what a messed up system, doesn't surprise me though.