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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33091
Experience:  16 yrs. of experience including family law.
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my ex has filed an emergency hearing for the day before the

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my ex has filed an emergency hearing for the day before the default hearing, of which she defaulted on for costudy and support visitation etc - the children live with me and i raise them, i teach them, i love them - but a situational conflict occured leading to a dv charge against me and while that happened she has disapeared with our children - how do i stop her from taking my children out of anger at me when its been clear that she was wanting nothing to do with us in the first place? i have not seen our children in over a week all their food and clothes is here - the police said i could not file for kidnapping... please help in anyway - thanks
Submitted: 7 years ago.
Category: Family Law
Expert:  P. Simmons replied 7 years ago.
Thanks for the chance to assist

Want to make sure I understand...is there currently a hearing pending? WHen is it set for?
Customer: replied 7 years ago.

yes there is a decree on demand or default hearing scheduled for thursday june 4th at 8:45 am - but now there is also an emergency hearing scheduled for wed june 3rd at 3 pm

Expert:  P. Simmons replied 7 years ago.
OK, but who filed this emergency hearing? Her? She still has the kids? Is this emergency hearing a custody hearing?
Customer: replied 7 years ago.

I believe she filed for the emergency hearing.

 

she still has our children i have not had any contact with her or them - the police officer i took court forms over with said it appears she has not even been home for days - i do not know where her or our children are at all

 

yes i believe the emergency hearing is for custody - but when i call the court they would not tell me for sure

 

i am not even sure if i am supposed to go to this hearing or not i have never received any paperwork or court orders or supeonas etc - i only know about it because it is on my case history at superior court website

Expert:  P. Simmons replied 7 years ago.
THanks

Well, the best advice I can give is to get an attorney.

Contact the state bar

http://www.azbar.org/

and see if they offer low cost or pro bono services.


Trying to represent yourself in court is almost as bad as trying to perform surgery on yourself...and sometimes even more dangerous.

I would certainly attempt to attend the emergency hearing...but if you are not allowed to attend, you will get the chance at some point in the future (that would be the time to have an attorney)

SO, advice on what to present? The court has one concern...the best interest of the children. Evidence that support this and helps you is what you need to present. The court will be reluctant to prevent access to the kids, but it may limit visitation (custody) if it feels appropriate.

The DV charge is a concern. Evidence you can present to the court that shows that this will not occur again or will not effect the kids is good.

BotXXXXX XXXXXne; find an attorney that can help you present your case.


Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.








Customer: replied 7 years ago.

ok so i understand ... she does not have to bring our children back home? she can just leave the state with them or keep them at her apt?

even though i already have been punished for the dv (intent to cause fear - misdemeaner 2) and have 18 mnths probation - i am still on trial for it? and my children are getting punished for it also?

 

i need to present the children best interest is being with me? is that strictly financial? or does parenting time, childrens possesions, school district, local friends etc have a bearing on it?

 

i also need to present that no more dv will ever occur - i have no idea what proof can be made? other than im extremely sorry i scared her and that we hurt each other and said stupid things - i dont expect forgiveness but its something that never happened before and i know in my heart i will never allow myself to be in a situation like that again with her or anyone - my children have never been in danger from me or her (as far as i know)

Expert:  P. Simmons replied 7 years ago.
Sorry, I should have addressed that.

The fact she took the children away without permission is bad for her...and you will want to preset that.

I expect that the emergency hearing is related to the DV...he claiming she is trying to protect the kids...prepare for that.

So yes, you want to present evidence she denied you access.

Financial is a small part...you ability to raise your kids IS important...the court knows this but feel free to remind them.




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