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Emergency custody

Discussion in 'Child Custody & Visitation' started by Grayson1975, Oct 31, 2018.

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  1. Grayson1975

    Grayson1975 Law Topic Starter New Member

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    Jurisdiction:
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    I need to see what me and my fiance need to do to file for emergency custody of her two daughters, age 12 and 14. Last night their father who has custody of them physically and mentally abused one of the girls. DHR came to their school today and questioned them and removed them from his home and placed them with his father. Apparently this is the second time they have removed them from the home. We just found out about the first time DHR removed them. We have a stable, clean home and we are more than able to care for them emotionally and financially. Can someone please tell me how we go about filing for emergency temporary custody in Mobile, AL? We have money to pay a lawyer but from what I understand we need to beat the grandfather to the courthouse and file before he does. The girls desperately want to live with us and we desperately want them. We have been putting money away for a lawyer to file for custody for some time. Clearly is the time Any help is greatly appreciated. Thanks
     
  2. mightymoose

    mightymoose Moderator

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    The best you can do is contact DHR and inform them you are willing to care for the children. The placement is up to them and they will have an established procedure to follow for placement. They MIGHT honor your request, but it is more likely the children would be placed in foster care, at least initially, while things get sorted out. If family members are fighting over custody of the kids it is all themore reason to place them in temporary foster care.
     
  3. army judge

    army judge Super Moderator

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    If you hire a lawyer TONIGHT or TOMORROW with all that money you possess, your lawyer will know exactly what needs to be done for you and your spouse to petition for emergency custody.
     
    leslie82 likes this.
  4. hrforme

    hrforme Active Member

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    You didn't really give any back story as to why the father has custody. Was this an agreement between the two of them or was there a court decision on it? How did she not know about the first removal from the home to the grandparent? How long ago was it? Were the girls not old enough to tell her? Was she unavailable at the time to take custody?

    I'd check to see if there is anything in the background that would preclude your fiancee getting custody before pouring a lot of money into an attorney.
     
  5. Grayson1975

    Grayson1975 Law Topic Starter New Member

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    She had to leave the state when they split up to live with family because she had nowhere else to go. She let him have custody because she didn't want to uproot them. When she came back they shared joint custody but there was no court order, they just agreed to share custody. When they were removed the first time it was just before summer and he told her that they were spending summer with their grandfather and he threatened that there would be hell to pay if they told her the real reason they were at the grandparents. They are terrified of him so they didn't tell her. There is no legal reason for her not to have custody. I was under the impression that children over 13 could choose which partner they wished to live with.
     
  6. Grayson1975

    Grayson1975 Law Topic Starter New Member

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    If the normal response is "get a lawyer" then that kind of defeats the purpose of having a legal advice forum wouldn't you think? Gonna be quite difficult to hire a lawyer between now and the time the courthouse opens in the morning I would think.
     
  7. Grayson1975

    Grayson1975 Law Topic Starter New Member

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    Nobody's gonna fight .The grandfather doesn't want custody but he will file if he thinks that's what he is supposed to do. If she tells him she already filed then he won't bother.
     
  8. army judge

    army judge Super Moderator

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    He never had LEGAL custody, merely temporary physical custody.

    If they were never married, she had LEGAL custody by virtue of giving birth to the child(ren).

    Her parental rights might be in jeopardy depending upon what the investigation reveals.
     
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  9. army judge

    army judge Super Moderator

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    This site doesn't dispense legal advice.

    People offer opinions and discuss legal issues.

    Only licensed lawyers in the 50 states and six or so odd territories can dispense legal advice ONLY in the state(s) where they are licensed.

    I get calls at all hours of the day, rather my office gets calls, because people can get arrested at 11:00AM or 02:00AM on a weekday, weekend day, or even on a holiday.

    You pay the lawyer the required fee, he or she will move their tail to get the jail 24/7/365.

    So will a bail bondsman, 24/7/365.


    Plus this is at the bottom of every page on this website:

    Legal Disclaimer: The content appearing on our website is for general information purposes only. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. The law is also subject to change from time to time and legal statutes and regulations vary between states. It is possible that the law may not apply to you and may have changed from the time a post was made. All information available on our site is available on an "AS-IS" basis. It is not a substitute for professional legal assistance. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising.
     
    leslie82 likes this.
  10. Grayson1975

    Grayson1975 Law Topic Starter New Member

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    No, he had legal custody. She signed papersgiving him legal custody and he filed it but despite him having custody they agreed amongst themselves to share joint custody, one week with him, then one week with her. That ended a couple of years ago when he got posses off and he decided to punish her. That's why we were about to file for custody.
     
  11. army judge

    army judge Super Moderator

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    A parent can't give custody of their child(ren) by signing a document much like oen would do for a horse, a goat, a motorcycle, or a automobile.

    Custody can't be given away, it can only be taken away by the state after a trial and due process.

    Nor can one acquire custody of a child as one acquires custody and ownership of a home or a double-wide.

    Children are human beings and slavery was outlawed by the 13th amendment.

    Children aren't chattel and can't be owned, traded, sold, or bartered away.
     
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  12. Grayson1975

    Grayson1975 Law Topic Starter New Member

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    You must have missed the part where I said that she signed custody papers, papers his lawyer drew up and his lawyer then filled them at the courthouse. I'm not a lawyer, that's why I'm here, because I'm not a lawyer. Call it whatever you want. I'm just relaying what I was told but I am pretty sure that if someone isn't disputing custody and has signed documents to that effect then custody is awarded to the parent filling for it. I think your a little too preoccupied with simantics. I get that you want to tear every story apart that gets posted and exhibit your superior intellect and that's great that your so superior but it's help I need, not fact check. I just simply asked a question. If you can't help them please dont. Thanks
     
  13. army judge

    army judge Super Moderator

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    What you think you know will mean nothing.

    Once you hire a lawyer, he or she will pore over every sentence that comes out of your mouth.

    Thread closed, you can seek help elsewhere.

    Good luck.
     

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