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dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 6009
Experience:  JD Degree, Social Service Experience, Child Support Officer
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This is a family case. I need a motion for emergency hearing

Customer Question

This is a family case. I need a motion for emergency hearing for a stay of the current visitation.
Submitted: 9 years ago.
Category: Family Law
Expert:  dkennedy replied 9 years ago.

Hello Customer,

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 9 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 9 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 9 years ago.

Hello Customer,

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 ***** the right hand side. Under the case number, instead of "Petition" or "Order" put--


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,

***** *****, Petitioner

cc: ***** *****, 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 9 years ago.
Do i send this in to the judge's assistant or do i file this?
Expert:  dkennedy replied 9 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.