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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117370
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I just filed a legal decision/custody order against my ex.

Customer Question

I just filed a legal decision/custody order against my ex. However, she has just entered a in patient behavioral place because of a bipolar disorder. Do i now file an emergency order for them? We have never been to court but the children have resided with me for the past ten plus years. I was recently informed by DCS that because we haven't been to court, she technically has custody.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes, if she is in inpatient care, you need to get an emergency order for custody based on the fact she is not available to care for them. Pursuant to the US Supreme Court you are entitled to take the custody away based on this clear and convincing evidence that she is unfit and this is grounds for an emergency order since she is now in the hospital and unable to take care of them.

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