QUESTION

what is the emergency custody form called or the number?

Asked on Aug 31st, 2015 on Child Custody - Wisconsin
More details to this question:
I am a pro-se parent i feel i need to get emergency custody until a Gal is appointed
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
I am not sure there are any specific forms for filing an "emergency motion" with the court. The larger question is what constitutes an "emergency?" In family law, alot of lay people think every think is an "emergency."  The courts are immune from pro se litigants and attorneys who argue they need an "immediate court date" to address an "emergency" on the case.  You are lucky to obtain a court date within 30 days of applying, in some cases, it can be several months to secure a court date. "Emergency" to me, means that  the child's physical health is endangered; a lesser concern, and much more difficult to prove, is the argument that the child's "emotional health' is endangered. My suggestion to you is if you really feel this is an emergency situation, is to file a request for an "ex parte" order of the court to transfer custody. Your motion or affidavit would have to be very specific as to what the emergency may be. The court would review it and if they believe that the emergency exists, may decide to decide to grant an interim "ex parte" order, transferring placement from one parent to the other, pending the next court hearing. Ex parte" is Latin for the court is only considering the merits of the motion based on on one party's argument or advocacy, without hearing the other side of the story. Courts very rarely grant such "ex parte" orders, but if you feel strongly that your child or children are endangered, it is certainly worth a try.  
Answered on Sep 02nd, 2015 at 6:58 AM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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