Any suggestions?

[cdcoffell]

COMES NOW the former husband, XXX , and files this Verified Motion for Emergency Hearing and grounds therefore would state as follows:

1. On August 10, 2001, this court entered its Final Judgment of Dissolution of Marriage (Docket Entry #20), dissolving the parties Marital Settlement Agreement (Docket Entry #10).
2. Pursuant to said Marital Settlement Agreement, the former wife was granted sole parental responsibility with respect to the parties' two (2) minor children, XXX and XXX, which now the former husband once again feels like was a major mistake on his behalf.

3. The Former Wife has since gotten married to a man by the name of XXX(d/o/b X/X/X) on January 3, 2004, and it has subsequently been learned that this man has a very violent criminal background and has an outstanding warrant out for his arrest in Willcox, Arizona (warrant attached). She has failed to inform the leasing office of the mobile home park she lives in, XXX, that he has been living with her since approximately June of last year, and is pending eviction for non compliance with their terms.

4. Mr. XXX had a child with Ms. XXX in March of 1995. They both made the decision and gave that child up to Ms. XXX's mother to raise her until they could maintain a stable life for themselves. They have not regained custody still to this day, and have since gotten married and moved into a mobile home together with Ms. XXX's three (3) other children.
• On August 28, 1996, Mr. XXX tried to commit suicide while they were living at Ms. XXX's parents' house. The police were called and the officer found that he had sufficient reasons that without due care Mr. XXX will in the future cause bodily harm to himself or others. He was immediately taken to the South County Mental Health Hospital for evaluation.
• Then in June of 1996, Mr. XXX threatened to kill Ms. XXX and the police were called and found out he had a misdemeanor warrant out for his arrest.
5. Mr. XXX had left the picture for quite some time, moving to Arizona. His case details are attached from Willcox Arizona, and include: Domestic Violence, Assault, Disorderly conduct – fighting, many traffic violations, Shoplifting, Driver require restraint on passenger under 16 years, Disorderly conduct-weapons charge, assault and intent of reckless or injury, Carrying a weapon on school grounds, and Theft.

6. On numerous occasions, when picking up or dropping off the children for visitation, Mr. XXX has violently threatened the Former Husband and stormed after Mr. XXX's vehicle.

7. The Former Husband is sincerely concerned about the children's safety and feels that they are in imminent danger in the custody of the former wife while Mr. XXX is in the home with them.

8. Over the past 3 years, the Former Wife has tried to alienate the said children against the Former Husband by refusing visitation and having the children call Mr. XXX Daddy (which this is the 3rd man she has had them call daddy outside of their true father).

9. This motion is filed in good faith and with the best interest of the children in mind.


In conclusion, based on the foregoing, the Former Husband respectfully requests the Court grant an emergency hearing regarding the issues raised in this motion and for temporary custody of his two (2) children OR immediate removal of XXX from their home environment until he can prove he has resolved his arrest warrant(s) and violent temper.


I HEREBY CERTIFY that a true copy of the foregoing has been furnished to the Former Wife by Certified Mail on the 11th day of March, 2004.

[socrateaser]

Make sure that your caption (court name) is correct for your jurisdiction.

You probably won't get the restraining order, but you will probably get the Order to Show Cause. This kind of motion CANNOT be served by certified mail. You must use personal service, either by the county sherrif in the county where the other party resides, or via a private process server. If you can't prove personal service by affidavit of the server on the date of the Order to Show Cause hearing, then the court will dismiss your motion.

You must find out from the court clerk when ex-parte emergency hearings are held, and then appear at court at that time and stand in line with everyone else. You may have to get a date and time for the OSC in advance from the clerk, however, some judges keep their own calendars and their clerk will give you a time at the time of your ex-parte hearing.

READ THIS STUFF CAREFULLY, CAUSE I TYPED FAST AND I MAY HAVE MADE SOME STUPID ERROR(S).

Where do I sent the bill for $1,000? Good luck.

------------------------------------------------

IN THE _________ COURT FOR THE STATE OF _________
COUNTY OF ____________

PETITIONERSNAME,
Petitioner

and

RESPONDENTSNAME,
Respondent

Case No. ?

Motion for Emergency Temporary Custody Order and for Order to Show Cause


COMES NOW, (Petitioner/Respondent), YOURNAME , and files this Verified Motion for an emergency Temporary Custody Order awarding temporary custody of the parties' minor children, CHILDSNAME1 and CHILDSNAME2, to (Petitioner/Respondent) on grounds that the current custodial parent,(Respondent/Petitioner), has recently married and is now cohabitating with a man who has a history of committing acts of physical violence, and who, as a result, may cause irreparable harm to the aforementioned minor children.

(Petitioner/Respondent) further moves that the court order (Respondent/Petitioner) to appear and show cause as to why this temporary custody order should not remain in force until a full custody hearing can be held.

In support of this motion, I, YOURNAME, do hereby declare, as follows:

1. That I am the (Petitioner/Respondent) in the above-styled and numbered action, and, that if called upon, I can competently testify to the matters set forth herein of my own personal knowledge.

2. On August 10, 2001, this court entered its Final Judgment
of Dissolution of Marriage (see copy of judgment, Exhibit #1, attached), Pursuant to said judgment, (Respondent/Petitioner), WIFESNAME, was granted sole parental responsibility with respect to the parties' two (2) minor children, XXX and XXX.

3. (Respondent/Petitioner) has informed me that she has married one XXX(d/o/b X/X/X) on January 3, 2004. I have recently learned that Mr. XXX has a very violent criminal background and has a current outstanding warrant out for his arrest in Willcox, Arizona on charges of ___________ (see copy of warrant, Exhibit #2, attached).

4.  Mr. XXX's case obtained from law enforment authorities in Willcox, Arizona, include: Domestic Violence, Assault, Disorderly conduct – fighting, many various traffic violations, Shoplifting, Driver require restraint on passenger under 16 years, Disorderly conduct-weapons charge, assault and intent of reckless or injury, Carrying a weapon on school grounds, and Theft (see case details, Exhibit #3, attached).

5. I am deeply concerned about the children's safety and I fear that they may be in imminent danger of irreparable physical harm while residing with (Respondent/Petitioner) and her new husband, Mr. XXX.

6. For all of the foregoing reasons, I respectfully request that the Court issue a temporary restraining order granting me sole physical custody over the parties' minor children, CHILD1SNAME and CHILD2SNAME, and that the court order (Respondent/Petitioner) to appear and show cause as to why the temporary custody order should not be made permanent.

7. I declare, under penalty of perjury, under the laws of the State of _____, that the foregoing is true and correct.

Dated, this ____ day of _________, 2004,

By: ________________
YOURNAME
(Petitioner/Respondent), Pro Se
STREET
CITY, STATE ZIP
CONTACTFONE

--------------------- (page break)

IN THE _________ COURT FOR THE STATE OF _________
COUNTY OF ____________

PETITIONERSNAME,
Petitioner

and

RESPONDENTSNAME,
Respondent

Case No. ?

Temporary Custody Order and Order to Show Cause

It is hereby ORDERED:

1. That (Petitioner/Respondent), YOURNAME, is hereby awarded sole physical custody of the parties' minor children, CHILDSNAME1, and CHILDSNAME2, and that said children are ordered to be transferred into (Petitioner's/Respondent's) custody forthwith.

2. That (Respondent/Petitioner), WIFESNAME, appear before this court on the _____, day of _________, 2004, at _______ o'clock, in Department/Room ________, and show cause as to why this temporary custody order should not remain in force until a full custody hearing can be held.

Dated, this _______, day of _________, 2004,


By: _________________
Judge of the ________ Court