This form is a Petition For Writ Of Habeas Corpus By Person In State Custody based on Lack of Voluntariness of confession and Ineffective Assistance of Counsel. Adapt to your specific circumstances. Don't reinvent the wheel, save time and money.
Emergency Motion To Return Child For Visitation In Suffolk
Category:
State:
Multi-State
County:
Suffolk
Control #:
US-000277
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Word;
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FAQ
Insufficient Evidence: The court requires compelling evidence to grant emergency custody. While you mentioned having videos, pictures, and text messages, the court might have found the evidence insufficient to demonstrate an immediate threat.
The process of suspending visitation is not something that can be done unilaterally by a parent. It requires following a formal legal process, including consultation with an attorney, filing a motion with the court, attending a court hearing, and obtaining a decision from the judge.
In California, parents have the right to petition for an emergency custody hearing in family court under certain circumstances to protect their child from imminent harm. However, understanding what constitutes emergency custody can be complicated.
In New York, this type of substitute motion is called an "Order to Show Cause." An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced there's a real emergency.
There is no set age. A Court will listen to the child and determine whether or not the reasons for wanting to discontinue is well-reasoned, based upon the child's maturity and judgment. Good luck!
At that point, they are no longer children, but legal adults. New York law requires parents to support their child and provides them with visitation until the child's 18th birthday. Sometimes there is a court order denying visitation or the terms state that the child can skip visitation if they don't feel like it.
If a child expresses a desire not to see their father, it is generally recommended to address the situation through the legal system. Parents may need to go back to court to seek modifications to the existing custody arrangement, presenting evidence and arguments to support any changes.
At that point, they are no longer children, but legal adults. New York law requires parents to support their child and provides them with visitation until the child's 18th birthday. Sometimes there is a court order denying visitation or the terms state that the child can skip visitation if they don't feel like it.