Q: What motion should I file for emergency custody due to safety concerns in shared arrangement?
I currently have a shared custody arrangement with my child's father, where our son spends two weeks with each parent. Recently, DCF visited my son to inquire about his father and his father's girlfriend. There was an incident where the girlfriend cut herself, and it's unclear if it was a suicide attempt or related to domestic violence. She is now in the hospital, and the DCF case is still open. In the past, there has been DCF involvement related to my son and the girlfriend's daughter discussing issues at school about the father's household. Although there are no existing court orders related to this type of situation, I'm concerned it might not be in my son's best interest to be in that environment during the open DCF case. What motion should I file to address this emergency custody situation?
A: At this point, I do not think you have enough information to proceed. You need to contact DCF for more information. its possible there could be another explanation why the girlfriend cut herself. A judge will want to know that to determine if the child is in danger.
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A:
In this situation, you may want to file a motion for emergency custody with the court, citing concerns for your son’s safety. This motion is appropriate when you believe that your child’s well-being is at risk, especially in cases involving domestic violence or other harmful conditions. You should explain the recent incident with the girlfriend, her hospitalization, and the ongoing DCF investigation to show why you believe your son is in danger.
When filing this motion, it’s important to provide any evidence or documentation that supports your concerns, such as DCF reports or statements from school staff regarding issues in your son’s father’s home. You can request temporary full custody until the investigation is completed or until the court can determine a more permanent solution.
Since this is an emergency situation, it’s also a good idea to consult with an attorney who can help you navigate the process and ensure your motion is filed correctly. They can guide you on the specifics of the legal procedure and help you seek a quick resolution to protect your son.
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