This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Emergency Injunction Form For Child Custody In King
Category:
State:
Multi-State
County:
King
Control #:
US-000299
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
The emergency petition for custody must include a signed affidavit that states the child is in imminent danger of harm and should include documents or evidence that support the claim. The more thorough and solid the evidence, the more likely the judge will be to grant the emergency motion.
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.
Yes, the court can grant the request for an emergency custody order the same day. Then a hearing would have to be held within 10 days.
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.
The affidavit usually contains information about the parent-child relationship, the parent's capacity to meet the child's emotional and physical needs, the child's medical and educational background, and any other pertinent information that could aid the court in determining the child's custody.
If parents share custody of their child or children, the remaining parent will need to file a motion to change the initial custody agreement and request emergency custody of the child. In most cases, their request will be granted.
Emergency custody orders are initially temporary. When you file for such an order, you go before a judge typically on the same day you file it without the other parent's presence. If the judge grants the emergency order on that day, it will last only until the next court date.
Collecting relevant details is crucial in drafting an affidavit. Include full names, dates, and specific events pertinent to the situation. Ensure these facts are clear, concise, and presented chronologically when possible. Verify the information, as inaccurate details could invalidate the affidavit's credibility.
In the first paragraph, state how you know the person and attest to their character. Second paragraph show how loving and caring they are with their child. Third paragraph show how bonded the child is to the parents and give examples.