my b/d wants to come pick up alexa, but he doent drive, and if he has someone else driving they will most likely be under the influence of something. i told him id bring him over on saturday for a few hours but thats not good enough for him, and now his mom is all pissed because his sister is comming up from VA and she hasnt seen the baby yet...
ugh this really sucks
how long does it take to get a custody agreement/order and what do i have to do to get one, im sick of him threatening to take her. but legally if he did, they cant do anything about it because he is on her birth certificate.
how long does it take to get a custody order/agreement?
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Wed, 2004-06-16 18:24
#1
how long does it take to get a custody order/agreement?
well, if you and her safety is threatened and your worried he will do something irrational, you can get a restraining order which will be effective once he is served.
otherwise, go to the courthouse, actually first call and find out if you need to bring anything, plan to spend a few hours if not all day there, and file for full custody, or whatever you want.
I have a custody/visitation agreement which I got on the date I had mediation with BD. If I ever feel as if he is under the influence, unsafe/etc, I am to call the police who will intervene and tell him he can not see his daughter until we go back to court I think.
Basically go take to the people at family court and get the papers rolling now. If your worried about your/her safety file a restraining order.
Good Luck.
This is my job! Its not a quick process at all. Usually if you are doing this pro-se (by yourself ) its a whole lot of paperwork. I recommend seeing if your county has a pro-se cordinator or law library where you can get some legal advice. Contray to popular belief you cant just go down to the courthouse and fill out a paper and thats it. We are clerks not lawyers. Only a lawyer or someone with a bar number after their name can give you legal advice. There is emergancy orders for custody cases but its very hard to know the right paperwork to file. Like others said a restraining order (injuction for protection) is your best bet if you need something now. At your injuction hearing (yes you have a hearing for these) you should try to have all custody papers underway so you can tell the presiding judge this. My county charges a filing fee of 210.00$ for custody and support cases. Find out fees for your county. If you cannot afford this ask for paperwork called insolvency or indigency. Its is a request to wave the filing fees. You will file this along with all other paperwork and if the judge finds you indigent the fees will be waved
In my county the forms you need to file for custody are:
1. financial affidavit(must file)
2. non-military afidavitt
3.child support guidlines worksheet
4.summons:personal service on a individual
5.petition to determine paternity and related relief
6. uniform child custody jurisdiction act affidavitt
7.certification of compliance of mandatory disclosure
8.civil cover sheet
If you are going to get a injuction any way
you can file a temporary injuction against removal of minor children and denial of passport services (cant leave county)
This is my county and everyone is differnt but if you are doing this yourself the forms you will need will have names simular to these.
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