Ex Parte

[mykidsaremyworld]

Can I get an ex-parte due to excessive emotional and physiological abuse/stress?  If so, how quickly can I file and get into court?  Do I have to tell the respondent in advance that I'm filing?  I need to get my son out of this current situation ASAP. 

[ocean]

I answered you in the last post but yes, you see judge that day if you file early. Ask what time they open, get there early and on line. Fill it out, hand it in. Bring last court orders (2 copies usually). Call and ask what else. The judge will make a decision that day to either grant you custody or wait until your next court date.
You do not tell the other party.

[Davy]

If you like, please refer to me as OurKidsAreOurWorld.

"Ex-Parte" means "without notice" as was previously explained and is provided for situations whereas the opposing party's whereabouts are unknown or on death row or in a coma, etc.  Otherwise, notification requirements are by statatory law which is outside the preview of a judge's discretion without substantial justification.   

In addition, you are requesting a major change in the custody of a child which inherently demand high standards to modify. 

It has been shown that a child benefits when the parents work together to rectify or overcome a child's critical need(s).. Absent such endeavor coulld give rise to child abuse / neglect.     

[mykidsaremyworld]

I've been trying to work with the other parent regarding the custody issues.  However, the other parent is nor clear on their choices, not is the other parent very cooperative at this point. I've always been the one to "give' in the custody issues to keep some peace.  However, no matter what I do or  how fair I am, I'm still just viewed and treated like a thorn in their side (to keep it PC), it did get noticeably worse once the other parent re-married.  Please understand, I don't hate the other parent, or have any ill will toward the other parent.  I'm just tired of watching my son suffer and have anxiety attacks the day before he has to leave to go back to their household.  Do you not agree that these following statements are a form or abuse?  The other parent has told our son to choose a household, because our son wanted too.  Our son did, then he was told by the other parent that as a consequence of his choice to live with me that they would make it their priority to keep him from going to school in the district he's been in since Kindergarten. This made my son have a panic attack.  Then they told my son after only one week of living with me (during the other parents time), that the other parent changed their mind and he can't live with me full time until we go back to court?  My son is 11, and this just confused him even more adding to his anxiety.  Then you add in the fact that the other parent has told our son he is not to have any contact with ME or his Grandparents or Aunts (on the other parents side, because they talk to me) while in the other parents household.  Again, this is not some pissing contest with the other parent (we were never married, or in love).  I have been extremely nice in signing off all back child support, giving (yes, giving) the other parent 50% custody in 2006 etc... only to have to fight them every time our son needs something involving finances, as the other parent always has an excuse why they can not pay for things, and especially on time.  Why should the other parent have 50% custody and not be responsible for 50% of the financial things?

[DadsCrushed]

Good luck with this. Most emergency motions require imminent physical danger of a child not emotional or mental abuse. I know this is the standard in Maryland.