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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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I will sum it up. My husband daughter was hit by a car Jan

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I will sum it up. My husband daughter was hit by a car Jan 28th. The mother called to inform him she and her 11 month old brother were both hit by a car and Shanyce (4) was complaining her leg hurts. Dj (my husband) ask the mother to take the kids to the hospital to check them out. She refused to take them to the doctor. The following morning he called and filed as report with CPS in AZ and come to find out there is another investigation going on at this time as well. The mother emails Dj on Jan 31 saying she is not going to file a police report because she will get in trouble. She did not state why she would get in trouble. My husband and I are worried about the kids well being and want to know what steps we need to take to get emergency custody of her. Should we file a motion for emergency custody? We are so worried that she has not taken her to the doctor and we are trying to figure out what will she get in trouble for. Please advise
Submitted: 4 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 4 years ago.
1) I see CPS was called, did they do anything or mention anything about a prior investigation?

2) You say there is no court order at this time, do you mean custody order?


Thanks





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Please Note: My answer or reply is also limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Customer: replied 4 years ago.
Yes there is no court order at this time for custody. The mother keeps running every time we start talking about court and if CPS gets involved. My husband is on the phone with CPS right now in AZ and they are going to have some one watch her house by Wed. of this week and then have someone just show up and that day to start asking questions about why she did not file a report or take the kids to the doctor. Cps did mention about another case but my husband has not got back to me about that. He is at home and I am at work so he is texting me the information while on the phone with them.
Expert:  Attorney & Mediator replied 4 years ago.
Thank you for your clarification.

There are two ways to approach this:

1) You can wait and see what CPS decides to do. If CPS believes mom is negligent they will work with the father in getting custody to him and create a custody order. In essence the children will be part of a dependency case, monitored by CPS (whether informally or through the courts). Your spouse should ask what he needs to do to prepare if the children are being neglected to get custody of them (such as travel to AZ), possible court hearing, any documents they would need for him to bring.

2) You can initiate a custody order by filing the petition for custody in the homestate of the children. If there is an urgent need to protect at the time you are filing you can in addition to the petition file an emergency custody motion. In order to get an emergency custody, an existing custody case must be already filed, so your spouse would need to ask the court clerk in the county where the children live how quick the petition can be set.




_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Customer: replied 4 years ago.
A pettion would be the best thing to do In order to get emergency custody. We are ready to fly out there at a drop of a dime if need be. What is the best way to go about filing since we live 2600 miles away? I am just so scared the system will fail us.
Expert:  Attorney & Mediator replied 4 years ago.
I understand.

In my legal opinion the cost effective way of getting this accomplished would be by having an AZ attorney representing you. Although you can get the forms through the AZ court website, you will still need to hire a process server to file the forms with the court and serve the mother, these can cost you anywhere from $100 or $200, plus, while most attorneys may have their own clerks do this for less the cost and you know they will be able to resolve any complications which the process server will not be able to since they are not lawyers [there only function is to serve and file paperwork].



_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.


Customer: replied 4 years ago.
If i had my paralegal prepare all the paperwork would it still cost that much? She is actually my cousin who works for the attorney we used out her in Charlotte, NC. He had advised if we could get her back out here then he would represent us for a fraction of the cost. Which was great for us. If that possible for her to prepare the forms and then have a friend deliver the papers to her and sign she received it? Please advise and thanks for all your help thus for.
Expert:  Attorney & Mediator replied 4 years ago.
Yes, your cousin can prepare the forms, but they would need to be the AZ forms because AZ has jurisdiction over the children. You can have an adult friend in AZ serve her the paperwork and then prepare an proof of service. So you could have that way, yes you can go that route.



_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
Attorney & Mediator and 4 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
Thank you very much for all your help. Enjoy the rest of your day.
Expert:  Attorney & Mediator replied 4 years ago.
My pleasure, I wish you all the best.

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