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What Is An Emergency Ex-Parte Order Of Custody?

Every parent's worst nightmare is hearing or seeing that their child is hurt or in danger. What is even worse is when that danger is a result of a parent's involvement in that child's life.

If you find out that your child is in trouble or could be harmed by going with the other parent, then you have a right to file for an emergency ex-parte order of custody. This is allowed when there is a sincere belief that an immediate risk of physical or psychological harm could affect a child.

What happens when you file an ex-parte order of custody?

When you file the document, you'll have to include an affidavit that is made under oath. This statement will need to include the conditions leading to the request, information on why this order is in the child's best interests and the actions you took to inform the respondent that you'd make this request. If you did not reach out to the other party, you need to state why you did not do so.

Here's an example. If your child came home badly hurt from the parent's home and claims that the parent hurt them, then you may immediately file the ex-parte order of custody seeking to protect your child from returning to the dangerous situation. You would likely contact the parent to see what happened. If they cannot provide you with a clear answer, then you may decide to move forward with the request. You'll have to provide evidence or background information to support your claim. This is something to discuss and build a case for carefully when you contact your attorney to file the document.


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