You are divorced. There’s a custody order. You and your co-parent have custody of the child on particular days. Your co-parent has your child for summer. Your co-parent doesn’t follow the custody order. The co-parent refuses to give the child back. Your co-parent is obstinate. Can you do anything? How should you respond? Summer is winding out. Your child must enroll. You have to take care of back-to-school activities. Your child’s clearances for athletics need a medical examination. In this situation, you will need an emergency motion for post-judgment custody.
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This emergency circumstance must be documented. You must present the custody order to the court. What proof do you have that the co-parent won’t or hasn’t complied? What makes the court’s intervention necessary? Have your attorney write a motion using all of that facts. Request for an urgent motion for the child’s return home right away. If you know where the other parent is, you must have the motion served right away. The other parent will be given very little time by the court to react. A custody order was already made by the court. You can anticipate the court to order the child’s return. The other parent will receive a contempt citation from the court and face penalties.
What is an emergency motion for post-judgment custody?
A parent can request an emergency motion for post-judgment custody in the state of Michigan. A guardian can also use this emergency motion. The motion is for matters that must be addressed right away in court. When a child’s safety is a problem, these motions are filed. You file this motion so you can get quick court action.
In a custody dispute, you might not always get what you desire. There’s a chance your co-parent won’t follow through. Be aware of and comprehend your legal choices. There are further choices you can make. One of the options is to submit an urgent request for post-judgment custody. Speak with an attorney. Both in and outside of court, there are options for resolution. Choose one to avoid having to go to court with your co-parent.
Consideration must go into filing an emergency motion for post-judgment custody. The proper paperwork and adherence to the court’s requirements are required. To protect their child’s welfare, parents can intervene proactively. Getting legal counsel will help you decide if an emergency motion is necessary. Assemble the necessary evidence. Submit the relevant papers. Show up for the court hearing.
How can you get a post-judgment custody emergency motion?
Your former spouse or co-parent is obstinate. You are forced to take a stand since your co-parent is not giving the child back. You’re phoning your attorney and escalating the situation. You’re entering court. Here is how to approach the situation correctly.
Consider whether an emergency motion is required.
Spend some time gathering your thoughts before responding to the circumstance. Analyze the situation to see if an immediate response is required. When a youngster is in immediate danger, there are several emergency motions that can be used. Drug and alcohol abuse, marital violence, neglect, and parental kidnapping are a few examples of these circumstances.
File the emergency motion.
The only way to start the process of getting back your child is to file the motion. Your attorney can do this for you. Appropriate documents need to be submitted and procedures have to be followed. There will be filing fees and submission deadlines.
Serve notice to the other party.
Following the motion’s filing, give your co-parent notice. To inform your co-parent of the motion, ensure that the notice is duly delivered. This will provide an opportunity for your co-parent to respond. Because the motion is urgent, the court frequently won’t give the opposing side much time. Guidelines on how to serve the opposing party correctly will be given to you by the court.
Attend the emergency custody hearing.
An emergency custody hearing will be scheduled by the court. This is a crucial step in obtaining the motion for post-judgment custody. You and your co-parent will both get an opportunity to make your arguments and offer supporting evidence. The court will review the materials that were submitted and presented. It will carefully assess the situation and, above all, take the child’s best interests into account.
It’s crucial to make sure the court’s decision to grant a post-judgment custody emergency request is enforced. The adjusted custody arrangements must be followed by both parties. Observe the court’s directives. You can submit a motion for enforcement when there is non-compliance. To make sure that the court’s order is enforced, you can file a legal claim for contempt of court.
How do you get an emergency motion for post-judgment custody enforced?
You got your motion granted. The court handed down new custody orders. How do you make sure it gets followed to the letter this time? You had an obstinate co-parent to deal with. Your co-parent may not learn or realize the court is serious. Now let’s get to a quick walk-through of getting your new custody order enforced.
Understanding the need for enforcement.
Remind yourself constantly why the custody order exists. It is to protect and serve the interest of your child. There are conditions attached to the order. They are called duties and responsibilities. You not only have to understand it. You need to make your co-parent understand it too. This will need frequent and consistent communication between co-parents. Both of you need to agree to understand and follow the custody order.
Seek legal guidance.
There may be difficulties in understanding the letter and intent of the custody order. Talk to your lawyer and let your lawyer make you understand the letter and intent of the custody order. This will avoid conflict and miscommunication later. Start by reviewing the custody order.
Review the custody order.
Avoid surprises about what you can or cannot do as a parent in the context of the custody order. A lot of mistakes are committed simply because the custody order was not understood. You make certain assumptions about what is allowed and what is restricted. These errors are expensive if you get a notice of hearing for the mistakes you committed.
Communicate with your co-parent.
Have fewer contentions and fewer arguments. Agree on a way of communicating. You can adapt the system your local court is already using to monitor the interaction of parents in similar situations. Your custody order should be the foundation of your agreements. In this way, you are in sync with the intentions of the court. No intention is more clearly outlined than in a custody order.
Keep gathering evidence.
Your co-parent or ex-spouse can be obstinate. You need to continue gathering evidence of erring behavior. Communicating by phone or face-to-face can be a challenge. Use email or other alternative ways of communicating. Choose one that can record communication and interaction. Continue to document every point of interaction between you and your co-parent. Take note also of the interaction between co-parents and children.
A post-judgment emergency motion for custody must be filed and the legal process must be followed. The procedure is designed to safeguard the child’s welfare and best interests. Get legal advice. Be proactive in assembling evidence. Attend the hearing on enforcement. In order to guarantee adherence to the custody order, parents must take proactive measures. Each custody dispute is unique. The particular circumstances will guide the court’s choices about enforcement. As usual, the decision will be made with the child’s best interests in mind.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.