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.

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1 Lawyer Answer
John Butler
PREMIUM
John Butler
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.

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