Mother in jail, how do I apply for Emergency Custody?

[DavidDel]

As everyone predicted the mother messed up yet again, and is in jail and I want to apply for emergency temporary custody but I don't know how or where to do it. Any information on the process would be awesome.

[MixedBag]

what kind of custody arrangement do you have now?

and who physically has the child?

Chances are you need to file a motion with your county clerk's office that has jurisdiction.

how long is she gonna be there?

[Waylon]

You may want to file a Protection Order explaining that the mother is harmful tothe child because she landed in jail, and explain that what shedid may indeed show that she is now a danger to the child.

As everyone predicted the mother messed up yet again, and is in jail and I want to apply for emergency temporary custody but I don't know how or where to do it. Any information on the process would be awesome.

[ocean]

Usually family court where child lives or the last court orders are from...You can file yourself and most times you will get in front of a judge that day.. Bring birth certificate, any previous orders, paternity papers, your license.

Who has child now? and how long will mom be there? It would need to be longer than the night but a bigger question is why she is in jail and was the child a part/witness to this?

[DavidDel]

Mother had been charged with a DUI, and driving under suspension before even serving dui sentence. She served 30 days house arrest and 3 days in jail , aaaaaand a year of probation for the DUI, then a few weeks later began house arrest for 30 days again for the suspension. She failed to complete the 30 days because she failed a breathalizer halfway through and was taken to jail. I was never notified of this and couldn't find out where my daughter or her mother was for 5 days (her cell phone was conveniently diconnected) and now I spent 6 hours running around town being told children services could help me, but they said the only thing they could do is take my child. The CSEA won't give me my support order for my daughter back (I thought it was for my daughter's welfare?!) and Legal aid won't help anyone with custody issues...
    But anyway, the mother is in jail for 30-150 days still undetermined, and waiting to be sentenced for her violation as well, which obviously means more time. This won't happen for another couple weeks, but I am not wasting time.
    Oh, and mother had child while she was intoxicated and taken to jail. Now child is in my posession untill something happens.   
    Children services basically said Emergency Custody doesn't exist for me. I didn't understand, so I decided to pay to start the motion for full custody. Any ideas on what to expect?

[DavidDel]

Oh and there is no custody arrangement, everything is defualt to the child being born to serperated parents.

[ocean]

Ok...so you have the child with you? If so, then you dont need an emergency hearing,,,you can go for custody (since it was never established). You can file yourself in family court. Problem will be that you need to serve her so ask how you do that if she is in jail? Usually you can get at least a hearing started in a few weeks and get temporary custody on paper so it will be more official.

[Davy]

I am not real sure about this.  I believe you can do an Ex-Parte (without notice) emergency temporary order since the custodial parent is not available for the child.  For example, you may need a custody order should the child need medical care.

Basically Temporary custody is provided and is followed by a Permanent order.  You won't get full permanent custody off the bat.  Normally, the temporary cusodial parent gets permanent custody but it will probably be joint custody depending what jurisdiction you live in.  You'll no doubt need legal assistance in the near future and there is no better time than the present.  In matters like this you may benefit financially if your are represented by an attorney from the beginning.

Children services usually is no friend to fathers and they neccessarily don't care about the child either.