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I have some questions regarding custody. Maryland But that…

Hello, I have some...

Hello, I have some questions regarding custody

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Maryland But that is also another issue as the child usually lives in York

Lawyer's Assistant: Has anything been filed or reported?

We have her as CPS was involved and relocated her to us last night

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Our main question is are we allowed to file for emergency custody to then go on for full custody and which state should we do so in

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Answered in 2 minutes by:
3/9/2018
Nisha Jones
Category: Family Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 5 months ago
Okay thank you for your help!
Customer reply replied 5 months ago
I can not receive calls at the moment

I'm sorry to hear about her situation.

The phone call request is actually auto generated by the site, so please feel free to disregard it if it's not something you're interested in right now.

I'm typing up your answer now, thanks!

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Customer reply replied 5 months ago
Okay thank you so much

Yes you can file for emergency temporary custody, and can then go on to file for full custody.

This would be done in New York since that is where the child usually resides, and since that is the jurisdiction handling the CPS case.

Has the parental rights of her parents been terminated? If not, then you may need to file a motion for involuntary termination of parental rights along with your petition for full custody.

If there is an ongoing CPS case and parenting reunification plan still in effect, then the petition for full custody may need to wait until that case reached a conclusion.

It depends on some of the specifics of the case and what's gone on so far.

You can consider hiring an attorney to assist you in this process as well, it would be an attorney out of New York in the jurisdiction handling the case.

You can contact the New York State Bar for a referral to a lawyer in the area.

The phone number is:

***-***-****

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Nisha Jones
Category: Family Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
Nisha Jones and 87 other Family Law Specialists are ready to help you
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Customer reply replied 5 months ago
OK, Thank you so much for your help!!!! I really appreciate the help!

You're welcome, no problem! If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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