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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 15693
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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How do I draft an emergency petition for an injunction to keep

Resolved Question:

How do I draft an emergency petition for an injunction to keep my daughter's mother from taking my daughter out of the state after repeated threats to take her out of my life? What should I title it as, Emergency Petition for what?
Submitted: 4 years ago.
Category: Legal
Expert:  WALLSTREETFIGHTER replied 4 years ago.
you need to go to the family court and ask for an order to show cause to stop the mother from relocating the child out of state, also you would file for emergency temporary custudy. For you to do this by yourslef is very hard, you need to go to the family court, and the clerk will prepare the court papers in most cases for you, also bring in any legal documents stating you are the father.
Customer: replied 4 years ago.
I have spoken to a lawyer about a custody case, at this point I simply need to prevent her from taking my daughter on an out of state trip that I'm not sure she'll return from. I have the necessary papers from the County Clerk's office. I just need to know what to call the petition. Petition for Emergency Injunction to .......????
Expert:  WALLSTREETFIGHTER replied 4 years ago.
PETITION FOR AN EMERGENCY INJUNCTION TO STOP PARENTAL RELOCATION

In ILL the law gave courts the power to prohibit an unmarried parent from fleeing Illinois at the outset of a case:

(a) In any action brought under this Act for the initial determination of custody or visitation of a child or for modification of a prior custody or visitation order, the court, upon application of any party, may enjoin a party having physical possession or custody of a child from temporarily or permanently removing the child from Illinois pending the adjudication of the issues of custody and visitation. When deciding whether to enjoin removal of a child, the Court shall consider the following factors, including, but not limited to:

  1. the extent of previous involvement with the child by the party seeking to enjoin removal;
  2. the likelihood that parentage will be established; and
  3. the impact on the financial, physical, and emotional health of the party being enjoined from removing the child.

You could also state she has violated the Parentage act.

 

the Parentage Act to specifically address removal. In particular, the legislature amended section 14 of the Parentage Act, pertaining to judgments, to provide that "n determining custody, joint custody, removal, or visitation, the court shall apply the relevant standards of the [Marriage Act], including Section 609."
The Parentage Act, also says that the court may modify an order allowing removal and that any such modifications are to be governed by the factors specified in the divorce law.

 



Edited by K. PATURI ESQ on 3/4/2010 at 12:37 AM EST
Customer: replied 4 years ago.
last point...When I draft this petition, I'm assuming that I include the new case information sheet and they will draft the summons, or do I need to fill out the summons form as well? Also, do I have to submit a separate petition to establish paternity in order for the injunction to be considered, or will that automatically be entered provided I can provide sufficient likelihood that parentage will be established?
Expert:  WALLSTREETFIGHTER replied 4 years ago.
if paternity was never issued, you should have that addressed also, that is very important, and complete the summons. I would also ask for temporary custody, later after paternity is established, if you are on the birth certificate bring a copy.
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 15693
Experience: 14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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