When to File for Emergency Custody or an Order of Protection for Your Child

  Рет қаралды 13,049

Modern Law Divorce and Family Law Attorneys

Modern Law Divorce and Family Law Attorneys

3 жыл бұрын

This episode discusses when to file for an emergency order of sole custody on behalf of your child in Maricopa County or anywhere in Arizona. Attorney Ryan Claridge and I discuss the standard to file, what constitutes an emergency and when it may be better to file for an Order of Protection. For help with your Arizona family law issue, or to simply get more information, go to mymodernlaw.com #domesticviolence #childabuse #emotionalabuse #emergencycustody #divorcecourt #phoenixdivorcelawyer #familylaw

Пікірлер: 49
@jesseskellington9427
@jesseskellington9427 Жыл бұрын
Documentation looks like on this: 1) on date this date 2) social alienating abusive strategy was used 3) then tell the story by using the who, why, what, where and how. Within the format of smart goals. Specific, measurable, attainable, relevant, and time-bound. This can be found in more details in the book "Litigating Parental Alienation: Evaluating and Presenting an Effective Case in Court"
@jesseskellington9427
@jesseskellington9427 Жыл бұрын
9:15 CDC Center for Disease Control. Clearly outlines the long-term effects and short-term effects of "psychological abuse" by a parent in the Adverse Childhood Experience study ACEs.
@jesseskellington9427
@jesseskellington9427 Жыл бұрын
13:06 Great point!
@jesseskellington9427
@jesseskellington9427 Жыл бұрын
8:41 "clear and convincing" evidence can be found in the book by the American Bar association's book Litigating Parental Alienation: Evaluating and Presenting an Effective Case in Court published in January 2001
@1Knoche11
@1Knoche11 Жыл бұрын
What about when those emergency orders are abused to obtain a legal advantage and take things that they only can legally do with the order.
@laurenjb1258
@laurenjb1258 Жыл бұрын
If when you go to the 1st hearing it just gets rescheduled, then same next time, then mediation with zero middle ground... does that mean the EPO from 11months ago is considered expired??
@TrueCrimePsychic
@TrueCrimePsychic Жыл бұрын
My ex husband has had the children every other weekend. During our recent trial I missed the majority because of car issues etc. So now the custody is one week on one week off even though he is barely home and has committed proven perjury underoath multiple times. Now they have me, their mom who wants them unable to have them while my ex husband works late hours and his girlfriend is at the house who I have on video drunk getting into a car to get my children. In addition, there are his girlfriends young and teenage daughter in that house with my 4 sons who are all often left there alone and unattended. My 13 year old son sleeps on the living room couch and wakes up to these young girls jumping on him.. I have requested modification but it still doesn't have a court date yet. Is there anything else I can do to get emergency custody? I'm in PA
@methineeruk3375
@methineeruk3375 Жыл бұрын
Here in Loundon Virginia ! Emergency custody granted both kids immediately with out an evidence proved. The court against the mother and sons who has been abused and stayed in the shelter. Judge also asked where the shelter located and no chance to explain.
@brittanyshoulders3540
@brittanyshoulders3540 2 жыл бұрын
How can I ask for advice, before me or my 11 year old daughter end up on news headlines. Hillsborough County fl
@Blessed0522
@Blessed0522 3 жыл бұрын
How about if I have sole legs and sole physical custody and we got into a agreements was gonna spend summer and now he don’t want to return our daughter
@mymodernlaw
@mymodernlaw 2 жыл бұрын
Definitely contact your lawyer on this one, Andrea. So sorry to hear that!
@jessicaproctor2828
@jessicaproctor2828 2 жыл бұрын
I am going through this right now… I had to hire an attorney for a writ of Habeas Corpus
@gigglekeyon
@gigglekeyon 2 жыл бұрын
@@jessicaproctor2828 yep same . Especially when the parent take the child out of state when a ORDER STATES CAN NOT REMOVE CHILD FROM THE ORIGINAL STATE!
@jesseskellington9427
@jesseskellington9427 Жыл бұрын
D.B. v. M.B.V.1 an Indiana court conducted hearings wherein an expert testified that he had worked with the family for several years. The expert had conducted a custody evaluation and reunification therapy. In the expert's opinion, reunification between the father and his children was undermined by the mother's "systematic alienation of the children from their father." (Footnotes 72) The expert testified that his observations of the children's aggression toward the father in that the children would: " bait, taunt, and insult" the father. The expert finally "expressed concerns that unsupervised parenting time would subject the father to the risk of false accusations of abuse and possible arrests." (Footnotes 73) Page 63 from Litigating Parental Alienation: Evaluating and Presenting an Effective Case in Court
@dm1kh1
@dm1kh1 3 ай бұрын
What if one parent suddenly withdraws a child from school and relocates a child without notifying the other parent? Would that be a reason?
@jblakeblake5115
@jblakeblake5115 Жыл бұрын
We no all that its how to proove it
@obi-juan-ya-knowme1948
@obi-juan-ya-knowme1948 3 жыл бұрын
What if the parent is falsely accused and the accuser is proven to be not credible or recanted? What can happen to the false accuser?
@zachjones6944
@zachjones6944 2 жыл бұрын
Making a false allegation is perjury to start with.
@sandybrown5631
@sandybrown5631 Жыл бұрын
If I had a million dollars...I would hire HER in a second! Not particularly for. Custody, but so much more!
@jesseskellington9427
@jesseskellington9427 Жыл бұрын
11:08 This back fired in my case. The other parent just enabled more covert social strategies to psychologically abuse the childen.
@robertmanzanares3604
@robertmanzanares3604 2 жыл бұрын
What’s the Attorney from Maricopa contact info?
@mymodernlaw
@mymodernlaw 2 жыл бұрын
Hello Robert, contact us at (480) 571-0346 or via email at info@mymodernlaw.com and we will be happy to get you the information that you need. Thanks!
@erikamansat511
@erikamansat511 Ай бұрын
I have proof my ex is manic depressed bipolar and is off medication and hits himself now my daughter does it; we addressed it to the judge and nothing happened I have written documents from her pediatrician and she witnessed my daughter hitting herself and nothing happened I dunno what to do
@anthonytaccona5169
@anthonytaccona5169 Жыл бұрын
What if the minor child tests positive for the legal drugs they smoke what can happen
@lowkeyscustomcars
@lowkeyscustomcars 2 жыл бұрын
Hello , I custody of my 10 year old daughter always have , for the last have7 years ive spent over 300k tryin to stop her mothers abuse, neglect, endangerment, an abandonment with nothing ever being said or done to the mother , an now I am pretty much broke tryin to do everything on my own , 2 years ago she ran from the cops under the influence and bailed on visitation, an ignored our daughter for 2 years , i filed for court dates when this happened an it was ignored until her lawyer filed 2 months ago , an i was found in contempt an made to pay her lawyer fees , An the new judge gov Holcomb put on the bench ,well her lawyer are friends they went to college together an have other ties what bs an theres more so he has to go ! My X cant even pay $100 in support in about a year now , but can buy a 11,000 sqft multi million dollar mansion with an Olympic size pool 10 car garage u name it , pathetic an always has a lawyer, me i cant afford 1 anymore , so on the april 5th this is what my X did to our daughter this time , these were takin Monday when her arm was cast, she has multiple broken bones along with other injuries, black eyes ect. , this is just 1 of many things my daughter has had to suffer threw , Noble co Indiana is going to get my daughter killed ! After supervised visitation was denied an a ppo theat was nvr even logged in , an idk why with all thats been documented, it only took my X 48 hours to do this to our daughter , please share this before its to late for my daughter as things have only got worse over the years , my daughter was diagnosed with stress induced anxiety attacks, after her mother was on video admitting to drugging an ripping out a 1/4 of her hair , again nothing was even said by Noble co. Indiana court ! This is what happens when my daughter goes to Michigan for visitation , Please share thank you an GOD bless yall ! I also must add "this time" was not out right abuse as in the past , mom told her if shes bored go ride the quad , a polaris 570 , a 80mph 800lb quad , that by law u have to be 16 an have a valid driver's lic to operate in mich , my child is 10 ,there was no helmet, no adult supervision, no mich ORV safety certification, my daughter has nvr been on something like this , crashed it an was pinned under it , all mom told me was she hurt her wrist an she was "perfectly fine" other than that , no mentor of the black eyes or other injuries, i found out from my daughter the next day what happened, an she sent me pics of the quad an i reported this to law enforcement as required in mich along with everyone else i should an could report this to, i also already retained a personal injury lawyer as this time was another example of 100% negligence on "moms" part ! This judge not recusing himself an making unfair orders almost got my child killed this is beyond bs !
@mymodernlaw
@mymodernlaw 2 жыл бұрын
Your story is out of this world! I'm so sorry to hear what you and your daughter have been through. There's so much here I feel like it could be it's own episode!
@Rosa4Latinas
@Rosa4Latinas 9 ай бұрын
I think it depends on judges and public defenders to really help the child-I am dealing with my son has deff been going through psychological abuse, suspected drug abuse and the judge has decided to not do nothing about it-in fact she is giving the other parent more time to internally harming our son! I have proof proof and yea nothing
@barbieclutzz5542
@barbieclutzz5542 2 жыл бұрын
I'm 34 weeks pregnant my ex never been married dated for 6 month is threatening me saying when the babies born that's he's gunna live with him n going to school where he lives he's a recovering drug addict & got a Dishonored discharge from military cause of drugs what can I do ?
@TheXanderGrim
@TheXanderGrim 2 жыл бұрын
Oh Y'all need to sit down with me and my attorney sometime we got a yarn for you lol
@mymodernlaw
@mymodernlaw 2 жыл бұрын
Would love to hear it!
@mizzteareacts9397
@mizzteareacts9397 2 жыл бұрын
My child’s dad won’t let me see my daughter won’t allow me to talk to her either . She is really close to me. Last time she saw me she was screaming for me and he would let her go to me. Their living situation is crowded and they have a very unclean house.
@mymodernlaw
@mymodernlaw 2 жыл бұрын
How old is your daughter? You shouldn't be prevented from seeing her with no reason!
@mizzteareacts9397
@mizzteareacts9397 2 жыл бұрын
@@mymodernlaw she is 4, I was given an emergency order bu the court but I read that’s only if the child is in danger. I wouldn’t say she is in danger so what else would I get from the court to file ? It’s really hard to participate with the dad. He doesn’t respond to texts for long periods of time and has his girlfriend talking to me instead of him . I asked to see her today and he said she could only call me. I haven’t seen her days and this is the longest she has been away from me.
@johngavriladilners6865
@johngavriladilners6865 2 жыл бұрын
what about nicotine and Marijuana detected from hair folicle in 2 year old
@mymodernlaw
@mymodernlaw 2 жыл бұрын
That's tricky, depending on the state, when considering legality and second-hand smoke. Have you had a follicle test done already?
@elanatapp3070
@elanatapp3070 3 жыл бұрын
If the father waited fourth months to file a custody order after the domestic battery case happened ? The mom’s boyfriend assaulted her the mom filled a protective order took all necessary steps to do everything she needed to do and now the ex-husband wants to come after the ex-wife for a custody the wife her the ex-wife has full custody she’s a custodial parent ?
@mymodernlaw
@mymodernlaw 3 жыл бұрын
Elana, if you're in Arizona and would like to explain this a little further please contact us at info@mymodernlaw. We'll be happy to point you in the right direction. Thanks!
@splouffy
@splouffy Ай бұрын
My ex wife left the children with me and she's homeless now. How about then?
@savannahcox9032
@savannahcox9032 3 жыл бұрын
😭😭😭happened to is now i will never see her again
@mymodernlaw
@mymodernlaw 3 жыл бұрын
Never give up!
@freakishlypeculiar
@freakishlypeculiar 3 жыл бұрын
My child is witnessing domestic violence and her dad being arrested twice. Once for intimidation and again for strangulation and first degree kidnapping while she was with him. CPS has told me to withhold and file for custody immediately. I do not want to get in trouble for breaking the 50/50 custody agreement but I also do not want a failure to protect charge. What are people supposed to do in these situations when the other parent will not provide a current address and is evading being served by sheriffs? My hearings keep being vacated for this reason.
@mymodernlaw
@mymodernlaw 2 жыл бұрын
If there is a risk to the child, nobody should penalize you for keeping her safe. Please speak to your lawyer about making sure she's protected at all times, no matter who she's with. Good luck!
@freakishlypeculiar
@freakishlypeculiar 2 жыл бұрын
@@mymodernlaw Thank you 🙏🏽 I just got off the phone with a lawyer through an ask a lawyer program and she has been the second lawyer to give me this reassurance. I appreciate the response. 🙏🏽
@lowkeyscustomcars
@lowkeyscustomcars 2 жыл бұрын
Noble co Indiana judge, not even 6 months on the job an already almost getting lil girls killed , drug addict mother runs from the police an ignores our daughter for 2 years , then givin visitation, 48 hours later she has serious injuries including multiple broken bones , governor Holcomb sure can pick em, my child has not been bac since, an otjer than the lawsuit filed, theres been no cps contract as Indiana an mich argue over jurisdiction, an im still waiting on a court date on my emergency motions for this , but a corrupt , bias , judge has yet to do anything this happened to my child april 5th an its now april 24th , this so called "mom" an judge an his fellow alumni "her lawyer" are going to get this lil girl killed..
@mymodernlaw
@mymodernlaw 2 жыл бұрын
Thank you for sharing the sequel of events, this is definitely a complex situation that I hope you and your daughter can get away from.
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