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FloridaLawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 741
Experience:  Experienced family law attorney in private practice
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We received an Exparte order that sole custody of our minor

Resolved Question:

We received an Exparte order that sole custody of our minor child was granted to her grandparents effective Tuesday October 4th, 2011. We are seeking guidance on how to stop this action from taking place prior to that date. This is in the state of CT
Submitted: 5 years ago.
Category: Family Law
Expert:  FloridaLawyer replied 5 years ago.

Hello JA Customer,


I am an expert here at Just Answer and I would be happy to answer your question.


What was the nature of the court proceeding that resulted in the ex parte order? Was this a dependency case (DCF action)? If so, was there a termination of your parental rights and are you married to the child's father?


Once you provide this additional information I will provide an answer. If there is a short delay, please be patient as I am assisting other customers.

Customer: replied 5 years ago.
A custody/visitation application was submitted to the State of Connecticut Superior Court Docket number FA(NNN) NNN-NNNN There is an order for court hearing on 10/13 at 9:30. I have copies of all the documents we received today scanned in and can email them if it will help. There is a Plaintiff's Motion for Custody and Visitation Exparte. To the best of our knowledge there have never been any court hearings regarding custody, my girlfriend is the biological mother of the minor and has never been deemed unfit. My girlfriend and I are working together here at the computer. Until we received these papers today we were unaware of any action.
Expert:  FloridaLawyer replied 5 years ago.

I see, thank you for the additional information. It appears that there is a new custody action pending and a request has been made to the court to enter an Order regarding custody. It would be highly irregular for a court to enter an ex parte Order for sole custody without a full evidentiary hearing and this is probably what the hearing on October 13th is for. Conversely, it is possible that the court entered an Order for temporary custody (OTC) pending this hearing but you normally only see that in neglect cases brought by the Department of Children and Families. In any event, your girlfriend would need to file an interlocutory appeal on Monday or it may be possible that the grandparents will seek enforcement of the temporary Order on Tuesday.


Regardless, at the upcoming hearing your girlfriend will want to be prepared to present her own testimony and call any other witnesses on her own behalf such as yourself, along with any other evidence she has to rebut the claims being brought against her.


Obviously this is a very serious situation and I would highly recommend that your girlfriend immediately retain a family law attorney licensed to practice in your jurisdiction. Many attorney's offer free consultations and offer monthly payment arrangements. Also, her attorney can request that the court order the opposing party pay her reasonable attorney's fees.


I hope this helps, best of luck!


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Legal Disclaimer: The answer provided herein is for informational purposes only and should not be considered legal advice. The information, research and opinions set forth above are limited to the facts presented in the question and no guarantee is made regarding the adequacy or accuracy of the answer. The answer provided does not infer or imply the establishment or acceptance of any attorney-client relationship. No claim is made that I am licensed to practice law in the state or jurisdiction where this information is being provided and you should always seek legal counsel admitted to practice in your local jurisdiction for representation and advice on any legal matter.


Customer: replied 5 years ago.
Thank you for your response, is there a way that we can access pending actions from here? This Ex Parte order grants sole custody to the grandfather until the hearing on the 13th. Much of the allegations made are based on conjecture and also slanderous comments regarding me. They site the fact that I am FTM transgendered as a danger to the minor, is this something that the ACLU would handle?Also, if we got married would it impact this action?
Expert:  FloridaLawyer replied 5 years ago.
I am not sure what you mean by accessing pending actions from here. The ACLU may be of some assistance but that would likely be a separate legal action from the current custody case. I am not sure that getting married right now would be sufficient to remedy the situation on a temporary basis.
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