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AttorneyTom, Lawyer
Category: Family Law
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I want to file for custody of my two children. I am not married.

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I want to file for custody of my two children. I am not married. I have had the chidlren for most of the last 4 months and the mother is threatening to take the kids and moving to chicago. I want to file for custody but not have to wait for 2 months. How would I file for ex-parte? what forms would I need?
Submitted: 4 years ago.
Category: Family Law
Expert:  AttorneyTom replied 4 years ago.
Hello. Thank you for coming to JustAnswer. I am Thoreau and I am sending this answer to you only a few minutes after you asked your question.
I'm very sorry to hear about the situation. If there's an imminent risk that a child will be removed from the area, that can support an emergency temporary custody petition. The relevant forms are FL-300, FL-305, FL-310, and MC-030. Such forms can be obtained online or at the Clerk of Court's Office. You can find forms and instructions for such petitions here:
I again want to emphasize how sorry I am that you and your family are going through that and I hope that it works out in the best manner for you and your children. Good luck to you and your family.
Customer: replied 4 years ago.
How do I obtain an emergency temproary custody petition? Are there other forms for ex-parte hearing?
Expert:  AttorneyTom replied 4 years ago.
Thank you for your message. Ex-parte simply means that it's done without the other party present. It's not a special type of relief. Instead, ex-parte just indicates that, due to the emergency nature of the situation, the other party will not have an immediate opportunity to respond. This is the case with emergency temporary petitions because of the emergency nature of the petitions. It allows for faster action on the court's part. A court date can will then be scheduled at a later date so that the other party can respond.
You can get the forms to file a petition at the Clerk of Court's Office in your county. Alternatively, you can find forms online, along with instructions for filing them, here:
I hope that everything works out well for you and your children.
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