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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 09-09-2013, 10:15 PM
moonlight moonlight is offline
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Question ER motion without notice...

Hello everybody. Last Friday I started court process . I was told in court, that I can not serve other party.

When some one else did, other party assaulted this person. This person did not go to police, as did not wanted to get things worth.

Then Mother did attempt to kill herself (she has severe depression), because me, Father, wants to have 50/50 Joint custody.

Because all of this, I want to do this motion.


My question is ... how I will get kids without hurting them, me, or other people? What appropriate order should I ask?

This is ASAP. Please help me!!! I am going to court tomorrow.
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  #2  
Old 09-09-2013, 10:47 PM
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Janibel Janibel is offline
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A) take a deep breath ...
B) I don't understand why the other party who was assaulted did not contact police?
D) If the mother attempted suicide, she needs IMMEDIATE help, you should contact a suicide hotline, tell them what's going on and follow their advice.
D) I really hope that you have a lawyer
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Old 09-09-2013, 10:50 PM
moonlight moonlight is offline
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Quote:
Originally Posted by Janibel View Post
A) take a deep breath ...
B) I don't understand why the other party who was assaulted did not contact police?
D) If the mother attempted suicide, she needs IMMEDIATE help, you should contact a suicide hotline, tell them what's going on and follow their advice.
D) I really hope that you have a lawyer
Thanks , but my main question still remains ...
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Old 09-09-2013, 10:55 PM
Qrious Qrious is offline
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Phone the police about the assault as well as child protective services. If the children are in the care of a suicidal mother, they are in danger. Mom needs help. Now.

If you have court tomorrow, what is it for? Is it about the assault and attempted suicide? Are you planning on throwing together a motion tonight to have temporary custody of the children? I'm confused.
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Old 09-09-2013, 11:04 PM
moonlight moonlight is offline
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Quote:
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Phone the police about the assault as well as child protective services. If the children are in the care of a suicidal mother, they are in danger. Mom needs help. Now.

If you have court tomorrow, what is it for? Is it about the assault and attempted suicide? Are you planning on throwing together a motion tonight to have temporary custody of the children? I'm confused.


This is about safety of the children. I want to have temporary custody until she is healthy and stable.
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Old 09-09-2013, 11:09 PM
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Quote:
Originally Posted by moonlight View Post
Thanks , but my main question still remains ...
obscure.

If you are not party to the assault, you cannot press charges. If the the person who was assaulted is not going to press charges, then put this out of your mind, it only confuses the other issues.

You may seek full custody of the children if you have factual grounds for this. Do you have proof, such as email or a recorded conversation, where the other parent is threatening suicide? If not, drop it, you cannot prove it and it will be dismissed.

If you do have proof, then make sure it is credible. We all are under stress when we separate, and may say outlandish things. This must be a credible threat.
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Old 09-09-2013, 11:09 PM
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Where are the children now?
Who is taking care of them until tomorrow?
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Old 09-09-2013, 11:11 PM
moonlight moonlight is offline
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Quote:
Originally Posted by Mess View Post
obscure.

If you are not party to the assault, you cannot press charges. If the the person who was assaulted is not going to press charges, then put this out of your mind, it only confuses the other issues.

You may seek full custody of the children if you have factual grounds for this. Do you have proof, such as email or a recorded conversation, where the other parent is threatening suicide? If not, drop it, you cannot prove it and it will be dismissed.

If you do have proof, then make sure it is credible. We all are under stress when we separate, and may say outlandish things. This must be a credible threat.

I do, she cut herself and was bleeding!!!

I have all .... SHE HAS SEVERE DEPRESSION...

thanks
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Old 09-09-2013, 11:12 PM
moonlight moonlight is offline
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Quote:
Originally Posted by Janibel View Post
Where are the children now?
Who is taking care of them until tomorrow?

With her parents, she is in hospital .
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Old 09-09-2013, 11:18 PM
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If the children are with her parents, they are safe for now. However, she may want them back once she gets out of the hospital. Have you called child protective services?
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