Hi Everyone

[bri.lee514]

Hi

My ex is in a Rehab Center since she fell and broke her foot at home she has benign brain tumors but is slowly going down hill. I have obtained 40% visitation time since she has neglected my daughter in many areas. Now that she will be laid up in a nursing home rehab center for 2 or more months, What are my chances of obtaining full custody? She loves our daughter but her mental and Physical state is declining. She fell at her home and my daughter was unable to pick her up from the floor. Any suggestions?  I've been dropping off our 12 year old on her visitation days to see her Mom but now she's demanding to see our daughter on my days not to mention according to my daughter she verbalized that she wish my girlfriend and I were dead? Which stressed my daughter out. Anyway should I have my daughters conversation with her Mom on speaker phone since her mother verbal communications are so negative?

Thanks!

[Simplydad]

At a minimum you should be able to get temporary custody until she is out or Rehab.  You clearly have a change in circumstance which would warrant a hearing. Based on what you have mentioned there may be a good chance of full custody but that will require a hearing.  The first thing that you need to file for is an emergency hearing so you can ask for temporary custody.

[ocean]

Yes, go to family court and ask for ex parte (emergency) temporary custody as custodial parent is not at home and can not take care of child.
If you do have her, then keep her and bring her for visits to mother at facility and then back to your house. Can you get child to school/back? Since it is the very end of school, she should finish by where she is now.

[MixedBag]

Ex parte is a Latin (http://en.wikipedia.org/wiki/Latin) legal (http://en.wikipedia.org/wiki/Law) term meaning "from (by or for) one party" (English pronunciation:
/ˌɛks ˈpɑrtiː/ (http://en.wikipedia.org/wiki/Wikipedia:IPA_for_English)
). An ex parte decision is one decided by a judge (http://en.wikipedia.org/wiki/Judge) without requiring all of the parties to the controversy to be present. In Australian (http://en.wikipedia.org/wiki/Law_of_Australia), Canadian (http://en.wikipedia.org/wiki/Law_of_Canada), U.K. (http://en.wikipedia.org/wiki/Law_of_the_United_Kingdom), Indian (http://en.wikipedia.org/wiki/Law_of_India) and U.S. (http://en.wikipedia.org/wiki/Law_of_the_United_States) legal doctrines (http://en.wikipedia.org/wiki/Legal_doctrine), ex parte means a legal proceeding brought by one person in the absence of and without representation or notification of other parties. It is also used more loosely to refer to improper unilateral contacts with a court, arbitrator or represented party without notice to the other party or counsel for that party.

In WV, I was told that once a divorce is/was final, the judge would not do any EX PARTE hearings.

However, if your jurisdiction would, then I would agree in this case.

Emergency -- because Mom can not care for the children herself if she's in Rehab.