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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I was planning on filing an ex parte for custody with the court

Customer Question

I was planning on filing an ex parte for custody with the court tomorrow. I want to stay in home with my kids and get temporary custody. Do my children have to be in danger or can it be done because my husband and i can no longer live together peacefully and I have no place else to go? He wants me to leave but I do not want to do anything to jeopardize custody. He has been verbally abusive when angry. He wants full custody of our two kids.
Submitted: 4 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 4 years ago.

Thank you for your question. Please permit me to assist you with your concerns.

While danger is not really a requirement, on what grounds do you wish to seek temporary rights? Are you concerned that the other parent may physically abuse the children, or end up taking them away from you? I ask because that is really what the courts would tend to focus on--they do need some potential issue to at least legitimately evaluate as otherwise they would find no merit in a temporary order and will instead suggest that you file regularly to obtain custodial rights. Hence, I am really not sure if such a order may be beneficial, or at least successful.

Good luck.