Q: When can you file for emergency custody?
My fiance submitted 4 show causes against his ex for various reasons on her not following their court agreement. While waiting for their case to be called, they talked a little and she made a comment about her ex (who she had told their daughter to call daddy) paying her bills even after they've broken up when she is unable to. Now, she's said that this guy is out of the picture and from our understanding, she is not working. This is concerning to us if she has been unable to pay her bills before and had someone helping her, what is going to happen now that this guy is gone. At what point (when we have evidence of their daughter not being cared for, i.e. no heat, no lights, no food, etc.) can we file for emergency custody or would that even be an option? And yes, my fiance pays child support monthly.
A: If there has been a material change in circumstances since the last custody order he can file for a modification in custody. For the court to grant an emergency motion, there has to be evidence that there is an emergency (ie: something that could be endangering the child's life, health, or well being). If there is no evidence of an emergency, the court will not grant an emergency hearing and the petition to modify custody would be set for a hearing date at which time evidence of a material change in circumstances would have to be presented.
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