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  1. #1

    Default Filing an Emergency Petition for Parenting Time

    I found forms to file for visitation for my child, but the next available court date is next year!

    My child has told me his mother, and her mother plan on taking him out of state for Thanksgiving, and Christmas.

    They have made threats of taking him out of state and not coming back. Although I can only say I have heard them say it, and we know they will not admit to it.

    So can the above be grounds for an emergency order? This includes his birthday too, and they have not said one word to me about it, or asked my permission.

    Thank you in Advance.

  2. #2
    Join Date
    Nov 2009
    Posts
    5

    Default Re: Emergency Petition for Parenting Time in

    From your other post it looks like you are going to court for paternity, so if thats the case you have no rights until thats established. You can do some research and see if u can get the visitation in at the same time they do the paternity hearing. The only time they will do anything "emergecy" is if the child is in real danger, or if other parent in in jail, but without paternity they woulnt let u have child anyway. The best way is if parents would come to an agreement outside of court, but that dont happen very often. And they say all this is in the best interest of the children! Best of luck.

  3. #3

    Default Re: Emergency Petition for Parenting Time in

    Paternity has been established. When she took me to court for support, so she could remain unemployed. Although they didn't do anything about parenting time.

  4. #4

    Default Re: Emergency Petition for Parenting Time in

    Quote Quoting hopless
    View Post
    Paternity has been established. When she took me to court for support, so she could remain unemployed. Although they didn't do anything about parenting time.
    Unfortunately, you cannot file an emergency hearing, ex parte on the basis of a holiday or birthday time being the emergency reason (at least in CA). There are rules of the court for this and I am sure local rules. It stinks but you probably wouldn't get X-mas anyway. So this just ensures you will have X-mas next year. Then you can make great plans and celebrate the way you would like without any drama or partial day or any interruptions. Good luck!

  5. #5

    Default Re: Emergency Petition for Parenting Time in

    Uh, there won't be a next year if she takes off, and I have no clue where she goes.

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