How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask dkennedy Your Own Question

dkennedy
dkennedy, Lawyer (JD)
Category: Legal
Satisfied Customers: 5997
Experience:  Juris Doctorate Degree
Type Your Legal Question Here...
dkennedy is online now
A new question is answered every 9 seconds

how do i file a motion for an emergency hearing in GA

Customer Question

This is a family case. I need a motion for emergency hearing for a stay of the current visitation.
Submitted: 6 years ago.
Category: Legal
Expert:  dkennedy replied 6 years ago.

HelloCustomer

When you say "stay of the current visitation"--do you mean you want the current visitation to continue for the time being, until another event happens? If I have interpreted that wrong, let me know.

Customer: replied 6 years ago.
That is wrong. I would like a hearing to modify standing visitation because of potential danger associated with father. I have a report from department of children services. My child is supposed to visit with father 12/26 - 1/05. I do not have sufficient time to file motion and for case to be called in court before said visitation comes around. I need to have a hearing before visitation starts on December 26, 2007.
Customer: replied 6 years ago.
I paid to have a rush answer in 18 minutes and here i am 24 hours later, with still no answer. How do i get my money back?
Expert:  dkennedy replied 6 years ago.

HelloCustomer

You have to type the "caption" on the top of the paper to start. That is the name of the jurisdiction across the top, the parties on the left hand side, and the case number XXXXX the right hand side. Under the case number, instead of "Petition" or "Order" put--

MOTION TO MODIFY VISITATION AND FOR AN EMERGENCY HEARING

Then, in the body of the document put this--

COMES NOW, the (Petitioner or Respondent), (Your name), and in support of her Motion states as follows:

1. An Order for custody and visitation was entered on January 29, 2002, giving primary custody to the (Petitioner or Respondent).

2. Since entry of that order, Respondent has been arrested for domestic assault causing injury, as a result of a police investigation on February 20, 2007.

3. Respondent put the child in danger on August 21, 2007 by driving while under the influence of alcohol, with the child in the car.

4. The child should not be in the physical care of the Respondent except under strictly supervised conditions.

5. The Petitioner is requesting an emergency hearing to determine whether or not the visitation with the Respondent should be immediately modified.

WHEREFORE, the Petitioner prays the Court modify the visition to include only supervised visitation due to the child being repeated placed in danger by the Respondent; Further, the Petitioner prays the Respondent be order to undergo a Substance Abuse Evaluation and for anger management classes, and for any other relief that the Court deems just and proper under the circumstances.

Respectfully submitted,

 

XXXXX XXXXX, Petitioner

cc: XXXXX XXXXX, Respondent

-------------------------------------------------------------------------------------

I have obviously made up the facts above, but it should give you the idea. Just outline your points in this document and bring your proof into court. I hope this helps.

Customer: replied 6 years ago.
Do i send this in to the judge's assistant or do i file this?
Expert:  dkennedy replied 6 years ago.

Hello again,

You would file the original and send a copy to the other party or parties. Keep a copy for yourself, of course.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.