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.
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.
The more evidence you have, the better your chances of winning your custody battle with a narcissist. Document Everything. Gather Witnesses. Focus on Your Children's Best Interest. Hire a Skilled Attorney. Consider Requesting a Child Custody Evaluation. Consider Requesting Alcohol or Drug Tests.
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.
Character witnesses should be individuals who are familar with your family and have observed your interactions with your children. They can be family members, but non-family is best as they will not have a bias.
Disrespectful Language : Avoid using any form of disrespect, such as insults, sarcasm, or derogatory remarks about the judge, the opposing party, or even the legal system. Negative Comments About the Other Parent : Speaking poorly about the other parent can reflect badly on you. Emotional Outbursts
A party seeking temporary custody or special relief shall present a Special Relief Petition and a proposed Order of Court to the Family Motion Court Judge. Such requests shall normally only be decided following a hearing in Motion Court with all parties present.
Mothers historically have won more custody battles due to traditional roles and perceptions of mothers as the primary caregivers.
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.
Custody Battle Blunders: Top 10 Mistakes To Avoid Negative Speech About The Other Parent. Seeking Sympathy From The Child. Poor Communication With The Other Parent. Unjustifiably Withholding Access With The Other Parent. Misrepresenting Substance Abuse. Separating Siblings In Blended Families.
Before a party can request temporary custody or special relief, a Complaint for Custody must have been filed OR a Court Order must be in effect. A party seeking temporary custody or special relief shall present a Special Relief Petition and a proposed Order of Court to the Family Motion Court Judge.
In most states, you will need to file: an application for order to show cause. a supporting declaration that relays your reasons for the request. a proposed temporary order and. a proof of service.