MAEG52209
recently joined
Reged: 08/05/10
Posts: 3
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My husband's ex-wife received primary custody of their children after their divorce and, due to financial issues, she was granted the right to move out of state to live with family. Following her move, we also moved out of state, but the custody case is still held in the original state. We now have reason to believe that there are some SERIOUS abuse issues going on, so we would like to file an emergency injunction to get custody of the children and then have them seen by a psychologist. My question is, what are the steps we need to take and do we need to proceed with them in our current state or the state which holds the custody agreement? Any help would be greatly appreciated!
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elliesmom
Carpal \'Tunnel
Reged: 11/07/05
Posts: 8834
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IF it is that bad - you need to call DFS, DHS, or whomever handles child abuse reports wherever they are living now. And if/when you file for custody it will be where the children live now since neither of you still lives in the original jurisdiction. I would make my second phone call to an attorney in that area who can advise you on a course of action.
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Forgiveness is...letting go of the hope that the past can be changed.
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MAEG52209
recently joined
Reged: 08/05/10
Posts: 3
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I did forget to mention in my first message that the children are coming to us next week, so our plan was to report everything and file the emergency injunction then, so they don't end up in social services/foster care system.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Have you consulted an attorney?
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13.1...because I am only half crazy!
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MAEG52209
recently joined
Reged: 08/05/10
Posts: 3
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Yes, my husband has been working with two, one of which actually specializes in situations such as this. I'm sure they'll guide us through this perfectly, I just wanted to see if anyone had ever been in this situation or a similar situation before and how they handled it.
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asurvivor
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Reged: 06/14/05
Posts: 3410
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[i]Yes, my husband has been working with two, one of which actually specializes in situations such as this. I'm sure they'll guide us through this perfectly, I just wanted to see if anyone had ever been in this situation or a similar situation before and how they handled it.[/i]
This can go in so many directions its hard to say our situation is the way it will for you.
My advice is consult with a very good attorney! With abuse and agency involved .... this can turn out many ways. I just hope if the abuse is valid that you don't find yourself returning the children at the end of the week. Been there done that!!!!! Good luck with your case and skids.
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Debi
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Reged: 06/03/05
Posts: 7135
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I still don't believe you can file for custody in your state even with the children visiting as that's not where the children legally reside. If they are in that much danger i wouldn't wait a week, I'd call and report the abuse to the DHS system in their hometown now. I haven't been involved in anything like this but proving that abuse is going on when you're there to witness it can be a long drawn out process. Doing it long distance is even harder. How old are the children and what do you believe is happening
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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preemiemom
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Reged: 01/17/07
Posts: 19391
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Hmm.. as long as the case remains in the original state, then I don't see why they can't file in the original state?
DD "resides", legally, in this state. However, our case does, and will, remain in the original state. Our Agreement specifically states that ALL matters relating to custody, visitation, child support will remain in that court, UNLESS (and again it specifically states it as a caveat) my ex relocates OUT of that court's jurisdiction. As long as HE stays there, the case remains there.
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The best we can do is live our lives with enlightened improvisation.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Yes they can, that state holds jurisdiction.
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13.1...because I am only half crazy!
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1004SRS
Carpal \'Tunnel
Reged: 12/11/06
Posts: 5044
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If the abuse is serious enough to do this, you should call someone now not wait until they visit you. Think how that looks from an outsider.
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