QUESTION
What is the proper way to file ex parte motion regarding custody?
Asked on Dec 02nd, 2013 on Family Law - Nebraska
More details to this question:
Existing order of custody in place for my ex wife established 2010, recent events have me fearing for my children's safety. I found FOC 54 notice to enter order without hearing, but in the instructions, it says to include a proposed order FOC 89.(order regarding custody and parenting time) However FOC 89 states is only after hearing on FOC 87 motion regarding custody. I have an FOC 87 fully complete ready to file as I have been planning on pursuing custody as is. However, the recent events cause for immediate review. Do I include the FOC 87 w/ the FOC 54, and then prepare the FOC 89 as if the 87/54 will be signed? The ex will object to any of the orders and I fully expect a hearing on the matter however the children cannot be with her during this time. I would request full custody of the children until hearing, and would be okay w/ visitation/parenting time after the hearing, - so I am confused as the FOC 89 is final?
1 ANSWER
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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I do not believe this is a matter that is pending in Nebraska, but the following would be what would be needed in Nebraska. You need to file an Application to modify setting forth the basis for your request for custody. You need an Affidavit signed by you in the presence of a Notary Public setting forth why you believe your child/children would be in danger if they remained in their mother's custody pending the hearing on the Application to Modify. Finally, you will need a proposed Order for the Judge to sign setting forth the relief you are requesting and also having a provision for a full hearing so that the Judge can fill in the date and time of that hearing.
Answered on Dec 06th, 2013 at 5:51 AM