Sample Ex Parte Motion For Custody With Child

State:
North Dakota
Control #:
ND-TH-171-01
Format:
PDF
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Description

A01 Emergency Ex Parte Motion for Temporary Custody

A sample ex parte motion for custody with a child is a legal document requesting the court's immediate intervention to address custody matters related to a child. This motion is filed by one parent without prior notice to the other parent, with the aim of obtaining temporary custody or modifying an existing custody order. The following keywords provide a detailed description of the sample ex parte motion for custody with a child: 1. Ex parte motion: An ex parte motion is a request made to the court by one party without involvement or prior notice to the opposing party. In the context of child custody, it involves seeking immediate court intervention. 2. Custody: Custody refers to the legal right and responsibility to care for a child. It includes making decisions about the child's upbringing, education, healthcare, and general welfare. 3. Child: The term "child" in this context refers to a minor, typically under the age of 18, who is subject to the custody dispute between the two parents. 4. Sample: A "sample" refers to a representation or example used as a reference or template to create a similar document. A sample ex parte motion for custody with a child provides a framework and ideas for parents or their attorneys to draft their own motion. Different types of sample ex parte motions for custody with a child may include: 1. Emergency ex parte motion for custody: This type of motion is sought when there is an immediate risk to the child's safety or well-being. It aims to obtain temporary custody for the requesting parent. 2. Ex parte motion for temporary modification of custody: This motion is filed to request a temporary change in the custody arrangement between the parents. It may be based on new circumstances, such as a parent's relocation, substance abuse, or the child's best interests. 3. Ex parte motion for visitation rights: In situations where one parent is denied visitation with the child, this motion seeks to secure temporary visitation rights until a formal custody hearing can take place. 4. Ex parte motion for sole custody: This type of motion is filed when one parent believes it is in the child's best interest to have sole custody granted. It may provide reasons and evidence to support the request. These are just a few examples of the different types of sample ex parte motions for custody with a child. It is important to note that the specific requirements and procedures may vary depending on the jurisdiction and the circumstances of the case. It is always advisable to consult with a qualified attorney to ensure compliance with local laws and regulations.

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FAQ

Form Number: 14. Form Description: Notice of Motion.

Form 14: Notice of Motion, where you list the orders you're asking the court to make; or a Form 14B: Notice of Motion if you're asking for a procedural order such as more time to file your documents.

Without notice injunctions (or as lawyers call them ? ex parte ? ) are a court application for an order without telling the other side you are going to get it. A family order about children can be applied for this way too.

There are also procedural, uncomplicated or unopposed motions, called 14Bs, where you ask the court for an order on consent for different procedural orders. An example of a 14B might be that both parties agree to allow a party to file a document late.

For example, if you have to go to court to start a case about child custody and access, you would fill out Form 8 and Form 35.1 Affidavit in Support of Claim for Custody or Access.

More info

Instructions. 1. Complete this form, including the affidavit on page 2. 2. Attach an Affidavit Concerning Children, form JD-FM-164.It is not a stand-alone document. Edit, sign, and share sample ex parte motion for custody online. No need to install software, just go to DocHub, and sign up instantly and for free. The affidavit must be notarized before turning the packet in for filing. 3. If you need an emergency order, you can ask a judge for one in your family law case. For example, in a divorce, domestic violence, or a parentage case. Use the samples to help you complete the packet of blank forms. Please note: THIS IS NOT A MOTION.

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Sample Ex Parte Motion For Custody With Child