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ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 12554
Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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My kids call me from there grandmothers and told me there mother

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My kids call me from there grandmothers and told me there mother was out of control and wanted me to pick them up. The mother has a histrory of violence. the grandmother (mothers mother) asked me to keep the kids because she felt they were not safe with the mother. this happened yesterday and I've kept the kids. Should I go to court today to motion for temporay custody or call CAS or see a family lawyor first?


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For the safety of the children, immediately retain a local attorney experienced in Family Law, tell the attorney what is going on and ask that he immediately file an Emergency Petition for Special Relief for Temporary Custody.


The Emergency Petition should be used because the Court sets a hearing within approximately 48 hours of its filing and the Order accompanying the Petition is signed immediately at the hearing; additionally the hearing is ex parte which means that because of the nature of the Petition, no notice is required to be given to the other parent and takes place outside of their presence.


You will tell the judge you are not trying to do anything without the mother's knowledge and you are filing the Petition because the mother needs help; you can ask the grandmother to testify as to what is going on with her daughter which she has seen first hand.


When the children's mother gets the treatment she needs, things can go back to normal for the children.


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