No you cannot apply for public assistance to file the motion but you can seek out the help of legal aid as they represent people for free or very little compared to most attorneys.
HERE IS AN EXAMPLE, BUT YOU have to change the facts to fit your situation ok.
IN THE CIRCUIT COURT OF THE [insert circuit court # XXXXX] JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR [insert county name here] COUNTY
FAMILY LAW DIVISION
IN RE: The Marriage of
XXXXXXXXXX, CASE NO.: 93-3862
and DIVISION: D
VERIFIED EMERGENCY MOTION FOR EX PARTE ORDER
COMES NOW, the Mother/Petitioner, YOUR NAME, by and through her undersigned attorney, and files this Emergency Motion for Ex Parte Order regarding the safety and well-being of minor child and in support of such motion states the following:
1. Mother/Petitioner and Father/Respondent are divorced and currently share Joint Custody with their minor child.
2. Father/Respondent holds primary residential custody over the minor child.
3. Mother/Petitioner lives out of state in Gulfport, Mississippi.
4. The minor child, now age 17, lives with Father/Respondent and minor child's step-mother.
5. Father/Respondent is emotionally unstable, as evidenced by an event that occurred two weeks ago where the Father/Respondent placed a firearm to his head and threatened to end his life because he cannot stand the minor child and the Step-Mother frequently arguing.
6. Also during the aforementioned incident the minor child was also slapped in the face by his Step-Mother. The Step-Mother has been abusive towards the minor child in the past.
7. The minor child is in danger of eminent injury and/or harm from Husband/Respondent and has expressed such fears and concerns to Mother/Petitioner.
8. The Mother/Petitioner requests this Court to allow child to testify in confidence without the Father/Respondent present because minor child is fearful for what the consequences may be to his physical safety if minor child were to express his concerns in front of Father/Respondent.
9. The Mother/Petitioner is fearful for his physical and emotional well-being if minor child has to continue to live with the unstable Father/Respondent.
10. It is in the minor child's best interests that he be allowed to live with Mother/Petitioner, at least on a temporary basis until the Court decides suitable future action.
11. Mother/Petitioner is concerned that minor child will hurt himself if he must continue to live with Husband/Respondent because minor child has become severely depressed.
12. Mother/Petitioner has enrolled to continue nursing school in Mississippi on Monday, May 16, 2005, but is committed to remaining in Florida to do what is in the best interests of her son and is willing to have the son temporarily reside with her in Florida until the court can have a hearing on this matter.
13. Mother/Petitioner asserts that this Emergency Motion for Ex Parte Order should be granted to ensure the safety and well-being of minor child.
14. Mother/Petitioner requests court approval to take minor child back to Mississippi with her until the Court can decide the issue of modification of custody. Mother/Petitioner realizes it is in the best interests for the minor child to finish final exams before traveling to Mississippi and will not travel to Mississippi until the minor child has completed all school examinations.
- 15. The undersigned attorney filed this Motion in good faith after personally
interviewing the minor child via telephone such that Mother/Petitioner could not hear the responses of the minor child nor coach the minor child.
- 16. The undersigned attorney is satisfied after interviewing the minor child
that there is a reasonable fear of immediate harm to the minor if he is not allowed to reside with his mother on a temporary basis.
- 17. The minor child is enrolled in school and has final exams next week.
- 18. The minor child is unable to study of concentrate due to the fear of being hurt by his father or the fear of his father committing suicide.
- 19. The stressful environment is detrimental to the minor son and should he be made to remain in said environment the Petitioner/Mother is again afraid of what he might do to himself as well as what might be done to him.
- 20. The minor child should be allowed to temporarily reside with the mother at least to help him finish his final exams until the court can have a hearing on a motion for modification of custody.
WHEREFORE, Mother/Petitioner Respectfully XXXXX XXXXX Honorable Court to grant this Emergency Motion for Ex Parte Order and enter an order awarding Mother/Petitioner temporary custody of minor child until such time as a hearing can be held regarding this matter.
Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief.
Dated this _______ day of May, 2005.
YOUR NAME, Petitioner
PRO SE Mother/Petitioner
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and accurate copy of the above and foregoing Verified Emergency Motion for Ex Parte Order has been furnished hand delivered and by U.S. First Class Mail to the chambers of the Honorable Judge NAME on this ______ day of May, 2005.
PRO SE Mother/Petitioner
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