Batesville, AR asked in Child Custody and Family Law for Arkansas

Q: can I get emergency custody of my children if they don't have air conditioning at their dads?

they have told me they are only allowed to open 1 window and they have stated that he can't plug in an air conditioner because he's afraid the house will catch fire because of the wiring. there is also vines growing through the walls of the home and the walls are bulging out. they live in an older mobile home that has been burnt in the past. we share joint custody of our 3 youngest kids. I have full custody of our oldest son. they have asked their dad to let them come to my house during the day while he works so they can be cool and he has refused to let them come over here. my 9 year old has begged his dad to let him live here for the summer or until he moves because he's too hot at his house.

Related Topics:
1 Lawyer Answer
John Butler
John Butler
PREMIUM
Answered
  • Divorce Lawyer
  • North Little Rock, AR
  • Licensed in Arkansas

A: I'm not sure the facts you've presented will be enough for a court to issue an emergency order but you could certainly ask a court for a custody modification based on these facts. If their dad can't provide a safe environment for the kids you could ask the court to limit his time with them to daytime visitation or even supervised visitation.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.