Family Law Questions? Ask a Family Lawyer Online.
Hello, My name is XXXXX XXXXX I'll be helping you resolve your matter.Please remember there may be a delay as I may be helping other customers.
did your ex and you put this agreement in writing? if so, why is he now trying to stop you from leaving?
I hope this helps. Please click "accept" so that I receive credit for answering your questions. I will still be happy to reply to any follow up at no extra cost. Your Positive feedback is also appreciated. Be sure to request me in the future and put "To Georgetownlawyr" in the subject line. Thanks and best regards.
is there any way i can apply for public assistance to file that motion because i have limited fund that i need to get home and they said it was fifty dollars to file that request. and on the paper work do you have any advice how to word the response as to why i need this emergency hearing so it sounds professional and not naggy or like i dont know what the heck im doing; maybe so it might make him more apt to signing off on it as opposed to dismissing it
sorry to be a nag i just feel like im lost and im going in blindfolded i do appreciate your help aswell so thank you from the bottom of my heart
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.
interviewing the minor child via telephone such that Mother/Petitioner could not hear the responses of the minor child nor coach 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.
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.
hope this helps. Please click "accept" so that I receive credit for answering your questions. I will still be happy to reply to any follow up at no extra cost. Your Positive feedback is also appreciated. Be sure to request me in the future and put "To Georgetownlawyr" in the subject line. Thanks and best regards.
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