Seeking Emergency Custody Over School Attendance

My question involves a child custody case from the State of: Arkansas.

My daughters mother is the custodial parent. We have a current visitation order in place. Three weeks ago, she asked me if she could move to Oklahoma (our agreement states that she must inform me of such decisions) - I agreed once I had a new order drawn up. I picked up my daughter for visitation last weekend and found out that they have yet to move and have been living with the boyfriends father and that my daughter has been taken out of her school - so she's been out of school for two weeks.

I called her mother to express my concern and her mother ended up allowing our daughter to stay with me & allowed me to register her in school. She has a history of documented mental illness and instability.

I am looking for advice on filing for emergency custody. I only want what is best for my child and I'm pretty sure bouncing around from location to location and staying out of school for extended periods of time, etc is not what's in her best interest.

Any information would be greatly appreciated.

TekProgrammer

Where is the emergency exactly?

I was kind of considering it an emergency when she's missed 9 days of school in her original school district this semester, then her mother wanted to pull her out of school (for the 2nd time this calendar year) then - while not going to school - has yet to find a residence. So that ends up being 19 days missed within a single semester. Add no car and no residence to the top of that and I consider that an emergency.

How old is your daughter? No car and no residence does not constitute an emergency.

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Quoting tekprogrammer

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I was kind of considering it an emergency when she's missed 9 days of school in her original school district this semester, then her mother wanted to pull her out of school (for the 2nd time this calendar year) then - while not going to school - has yet to find a residence. So that ends up being 19 days missed within a single semester. Add no car and no residence to the top of that and I consider that an emergency.

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Not an emergency.

They have a residence. They don't need a car.

What else dya got?

9 years old. How does not attending school for extended periods of time and having no residence, no job & no car not constitute an emergency? That's ok?

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Quoting tekprogrammer

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9 years old. How does not attending school for extended periods of time and having no residence, no job & no car not constitute an emergency? That's ok?

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THEY HAVE A RESIDENCE. Sorry to come across as yelling, but you need to let that go.

Missing school is worrisome, yes - but for the most part the court won't be too concerned if the absences are due to relocation. Is it a perfect system? No, of course not.

Oh, they also don't need a car.

No worries. Obviously you wouldn't be concerned if you had a child in the exact situation. Regardless - I sincerely appreciate you taking the time to comment.

Tekprogrammer

Good Lord above. Did someone put PassiveAggressive Pills in the Cheerios today?

Look Dad.

These are emergencies:

Sleeping in the car for two weeks in the middle of winter
Mom marrying convicted child molester
Mom dying or becoming incapacitated
Mom leaving her home alone for a week without supervision

These are not emergencies but might be enough for a CoC (though in this case I doubt it but more on that in a sec)

Skipping too much school
Relocating out of the area
Mom not giving child essential medications

Things which don't enter the equation at all:

Not having a car
Not having a permanent address
Having room-mates
Living with boyfriend/girlfriend
Having no money

See where we're going here?

Now, if there was a history of this, you'd likely have something. But what you've mentioned so far is not an emergency and unless it becomes long term (for the sake of this discussion, let's say 4 weeks) it is unlikely to be enough to change primary.

There's no hard and fast list of what does or does not give rise to an emergency. There are some things that are almost certain to be regarded as emergencies, but outside of that category there may be factors about a case that make a particular issue (or set of issues) more urgent than they might be with slightly changed facts or circumstances. Also, there is a difference between "emergency" in the sense of "What might convince a court to give an expedited hearing to a motion," versus in the sense of "What might convince a court to issue an ex parte order temporarily changing custody." A court may be wiling to give an expedited hearing to a case involving a young child who is not attending school, even if it wouldn't proceed on an ex parte basis.

In the case under discussion, there is no emergency. There may have been a reason to go to court before mom agreed to let the child live in dad's home and attend school from there, but the child is presently in an appropriate home and is presently attending school.

If mom is so unstable that she's not a suitable custodian, I have to wonder why mere weeks ago dad was willing to let her relocate with the child to a different state. What changed between then and now?