QUESTION
Can a bipolar parent get emergency custody through ex parte with no job or no home for the children to live in with her?
Asked on Apr 22nd, 2014 on Child Custody - Nebraska
More details to this question:
I have had custody of 3 children for almost 4 years. I have physical custody. I was granted this through the Department of Children and Families and through my divorce. The mother does have joint legal and supervised visitation once a month for 4 hours. I recently moved out of state 5 months ago. She is bipolar manic depressant. She has not proven to court or myself through a court order of treatment. Mother is trying to get ex parte emergency custody. She is required to pay 13 dollars a week child support. I haven't received anything in over a year. Also she hasn't seen the children for 15 months. Does she have a case? Can she get these children that she hasn't had a relationship with? Please help I am stuck in a never ending trap. I only want what's right and what's best for my children.
2 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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She can only get emergency custody if something terrible has happened to the children while they were with you. Get a lawyer. It is highly unlikely that a court would give her the children under the circumstances you describe but if something terrible has happened, CPS could take the children and put them in foster care.
Answered on Apr 23rd, 2014 at 2:57 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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I am assuming you moved out of state without court permission. I don't believe she would win a custody battle but she certainly could win a motion to require the children be returned to the original state.
Answered on Apr 23rd, 2014 at 12:19 PM