Need help with info on emergency custody

[lovingmommy83]

My 6 year old daughter and 2 year old son were in danger early this morning in Kent County. I recieved a phone call at 4:15 am to drive to their father's house in Grand Rapids (a half hour drive) to pick up the kids because their father and step-mom got into a huge fight. He was arrested and she had to leave the house. There were four children involved; as of right now I have my two children. The other two are with their mom. They were both phsyical with each other, and she threw a lamp at the father, nearly missing the 1 year old from their marriage. My daughter told me that her step-mom grabbed her hands and put them behind her back, while sqeezing and twisting her wrists. My daughter is scared out of her mind, and doesn't want to go back to her father's. Right now he has sole custody, but I can't send her back because she's so upset and scared. She told me that on Friday my 2 year old son was hit my their step-mom in the face with scissors. I really need help in getting emergency custody; they are not safe at this home. Their father didn't want her to go to school because my daughter would tell her teacher what her step-mom did, and they would call CPS. We are going to make a report in the morning, and we are taking her to her counselor, but more needs to be done; they cannot go back into this situation. Their step-mom has been doing this a lot lately, and getting so angry at my children, it's unbelievable what she has been doing. There was another witness to what happened, and he told myself and my husband that their step-mom does this frequently, and that is not something any of these children should have to go through.

[Kitty C.]

You need to request an emergency hearing NOW.  It's called an ex parte hearing, in that only one of the two parties is present.  If at all possible, have the witness testify as to what they saw take place.  This is called 'imminent danger' and the court should rule on this.  Also, get a copy of the police report and names of any or all officers who responded to the scene...you may need them now or later to testify.

And there's nothing stopping you from contacting CPS yourself.  Pull out all the stops on this one.  Contact anyone and everyone you can possibly think of, including any atty. you may have used in the past regarding your custody case, because you could be looking at reversing custody eventually.  In the meantime, as a parent you have the responsibility to protect your children, so use every means available to meet that end.

[*iLUVmySD*]

You could also file a restraining order for your children against the stepmom and mother and from my experience you could get custody temporarily modified with the restraining order. After that you could file for full custody.

[trystero]

Man does this sound eerily familiar!

I agree with the first to responses:

FIRST:  Contact the responding PD.  Sounds like this may be over the phone given the distance.  Give them the address and date/time of the call and arrest.  They should give you a call identification number or something similar.  Then ask them how to request the complete call service log and any other available police reports.  (probably will cost you $10 or so and take 7-10 days for you to get it in the mail).

SECOND:  Try going down to courthouse and applying for Temporary Restraining Order.  You'll need to fill out a form with as much info as you have and state why you are in fear for you kids (you have to do this because they're minors).  It may or may not be successful, but its something you can try with immediate effect if granted.

THIRD:  File the Emergency Motion to Modify Parenting Time/Custody.  Provide a proposed plan of what you're requesting and why.  Again, details are your friend.  You sound like you are basically wanting to temporarily suspend the existing court order and are requesting temporary sole custody.  This will get reviewed and granted if deemed reasonable (and for the well being of the kids it should be a no brainier -- but bear in mind, nothing is ever a no-brainer with the legal system!).  Things will be frozen as they are now (kids with you), and you'll get a hearing set in 7-10 days where a judge will want to decide if this temporary change should remain in effect until some future hearing (likely they'll set a hearing in a month or so later to hear both sides and then determine whether this new arrangement should become permanent.

I'm currently in the middle of Step 3.  Have temporary full custody with only supervised visitation w/other party pending hearing in June.  I think you have better success with Step 3 if you have some provision for supervised parenting time written in there.  It shows you're not saying 'no contact', just supervised contact for the safety of the kids.......

Good luck!