Family Law Questions? Ask a Family Lawyer Online.
Good morning. I am sorry to hear about what you are going through. Just to be clear, a hearing was not yet set on this? He simply filed for it and it was granted?
Right now, an emergency motion needs to be filed with the court. If you are nursing the baby, she clearly needs to be in your care and you should not be forced to have to bottle feed her, just because the father lied. The motion should allow you to go before the Judge and have the child temporarily, until the hearing with your husband, where evidence and testimony can be heard by the Judge and considered, to determine if this should be imposed.
I know how hard this can be. A Judge is always going to act in the best interest of the child and once all this is presented to him/her, the court is likely to modify the order and place the child with you. Keep in mind, that if the father lied and a hearing has yet to be set, the court can only go by what is stated in the motion that was filed. However, you can go to the clerk of court this morning and advise them of the situation, the need to get before the judge since a child is involved, prior to the 3 weeks and ask for the form to file out and to set an emergency hearing, on the matter.
Yes, that is where you would go and Yes, you would go to the court house where this was filed and pending.
You do not need an answer. Once you file the motion and speak with the clerk, they will advise you as to setting this for hearing. Once a hearing is set, you need to send him notice, since he does have a right to be heard and then the Judge will decide. You want to ask for the form/motion for an emergency hearing regarding custody custody.
I am sorry but it does not. Until the Judge hears it, the other order would have effect. If you withheld the baby from him, then he could call the police.
You will be able to fill it out and need to advise the Judge as to why this needs to be heard. The Judge will make his decision at the hearing, which should be set and heard within the next few days. if the order requires you to turn over the baby to him, on a certain day and at a certain time, it needs to be complied with, at this point.
That can be addressed with the Judge. If child care is needed and your mother cares for the baby, you can ask that it remains in effect, since she is who the child is most comfortable with. Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.