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  1. #1
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    Apr 2011
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    Default Can I File a Motion for an Emergency Custody Order

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




    Me(mother of the child) and my ex boyfriend have joint legal custody as of now. I set a motion to get custody of my son and to get permission to move to another state and will be going to court in a month for all of that. I found pictures online of my ex drunk and holding a beer in his hand while my child is in his arms. I am very shocked and worried about the safety of my child in his care. Is it possible for me to file a motion to get emergency custody of my son because of these grounds? I also have copies of comments he has posted online about him drinking and I am very concerned for my childs well being. What can I do? Please help!! Thanks

  2. #2
    Join Date
    Apr 2009
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    Default Re: Can I File a Motion for an Emergency Custody Order

    Dad is allowed to have a beer. Dad's even allowed to get drunk. You have no cause to file any sort of emergency order...and no, this won't be held against Dad when you go to court next month.

  3. #3

    Default Re: Can I File a Motion for an Emergency Custody Order

    The photos aren't grounds for EMERGENCY custody proceedings. And keep in mind that the very FIRST words out of his or his attorney's mouth will be: a photo can't "show" that someone was drunk. Drinking in and of itself isn't illegal, and unless there has been some PROOF that his drinking has CAUSED some problem (ie the child being neglected or injured, or your ex having arrests and convictions for DUI), this isn't going to become the issue for the court that you're hoping, and most certainly not on an emergency basis.

  4. #4
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    Apr 2011
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    Default Re: Can I File a Motion for an Emergency Custody Order

    My childs father is under age. And I do disagree! It is obvious that he hasnt had just one beer. his eyes are glazed over and just looks totally messed up. My child should not be exposed to such behavior he is just a child. I also do not think that it is right for a parent to get drunk while it is his visitation time. He is responsible for him when he is in his care...and im not going to sit back and wait for something to happen.

  5. #5
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    Default Re: Can I File a Motion for an Emergency Custody Order

    Okay then.

    But you picked him to be Dad. Remember?

  6. #6
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    Apr 2011
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    Default Re: Can I File a Motion for an Emergency Custody Order

    Dad is underage and there are also pictures of them drawing on my childs face and exposing it on the internet as it was a joke or something the same night he was drinking. the look on my childs face is so sad. There has to be something I can do because im not going to let an irresponsible minor take care of my son while doing these things. I have enough evidence against him to make a point.

    true but we were very young and he never acted like this then. its the reason why we arent together

  7. #7
    Join Date
    Apr 2009
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    Default Re: Can I File a Motion for an Emergency Custody Order

    No. You don't.

    You have evidence that he may have been drinking underage. But that doesn't make him an unfit parent. And really - your ex is not yet 21 apparently...so how old is your son that he has such a sad face? How old are BOTH of you?


    What you should be focusing on is the reason/s you want to relocate. THAT is often the most important thing. So...why do you want to move?

  8. #8
    Join Date
    Apr 2011
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    4

    Default Re: Can I File a Motion for an Emergency Custody Order

    I will be contacting my lawyer tomorrow to see what the right move is. My child is two will be three in june. were 20. We already know why we want to move. My husband just recently medically retired out of the army after serving four years. We have a four month old little boy who is my oldest childs brother. we would like to move for job opportunities and college opportunities. Since he has been in the military we have no family support here and that is in the state we would like to move to. Family members are willing to help out with the children while we work and go to college. It is the state where my husband resides and we see no other reasons why we need to stay here. It is in my childrens best interest if we move.

  9. #9
    Join Date
    Apr 2009
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    Default Re: Can I File a Motion for an Emergency Custody Order

    Yeap, contact your lawyer.

    And seriously - you NEED to be prepared for the possibility that you may end up being the non-custodial parent.

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