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Emergency custody*urgent* Connecticut

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  • Emergency custody*urgent* Connecticut

    Ok I have an urgent question regarding emegency custody. my fiances ex lives in another state with their 2 kids. She is getting evicted and called him last night all frantic telling him he needs to come and get the kids and be responsible for raising them (sent an email saying to get the kids as well) then this morning she changed her mind and is practically demanding that he pay for all of her moving expenses to get her and the kids back up here.

    Now we dont have the means to pay for another persons moving expenses but we do have outlets to get the kids up here. If we don't pay she refuses to send the kids and will keep her and them homeless.....

    1) Is he responsible for her moving expenses or just the kids?
    2) does he have grounds for emergency custody?

    thanks

  • #2
    Originally posted by thestepmama View Post
    Ok I have an urgent question regarding emegency custody. my fiances ex lives in another state with their 2 kids. She is getting evicted and called him last night all frantic telling him he needs to come and get the kids and be responsible for raising them (sent an email saying to get the kids as well) then this morning she changed her mind and is practically demanding that he pay for all of her moving expenses to get her and the kids back up here.

    Now we dont have the means to pay for another persons moving expenses but we do have outlets to get the kids up here. If we don't pay she refuses to send the kids and will keep her and them homeless.....

    1) Is he responsible for her moving expenses or just the kids?
    2) does he have grounds for emergency custody?

    thanks
    Unless he is court ordered, he does not have to pay for ex's moving expenses.

    This may or may not be enough for a Judge to grant an emergency custody change, it will depend on other things as well.
    Has the mother done something like this before?

    Your fiance should take a copy of his court order, the email and any other proof he has to a local attorney for a consult to see if he has enough evidence to file with.

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    • #3
      Mom is not his Ex. According to another post on another legal board, he and mom are separated. He has filed for divorce.

      Comment


      • #4
        Does Mom have friends/family to stay with who would provide a safe (if temporary) home? If so, a judge would give her time to find permanent housing, and he would not get emergency custody based SOLELY on this.

        My husband had intended to file for emergency custody based on this issue (and others, but this was the big smoking gun, that Mom was getting evicted). Mom had somewhere to go (temporary), so our lawyer advised hubby he would make himself look worse by attempting this......... he advised instead to file for CUSTODY (not emergency, but file a regular modification of custody situation) based on her inability to provide a stable home environment (eviction was only one part of our evidence).

        Hubby did win that custody hearing, although it was postponed several times and after four months she was STILL living in temporary situations (with other people in house too small for number of folks staying there).

        So.......... the imperative question becomes, once evicted, where would Mom go? Does she have someone safe to stay with even temporarily or is she LITERALLY on the streets?

        Amy

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        • #5
          Originally posted by ShakinThingzUp View Post
          Does Mom have friends/family to stay with who would provide a safe (if temporary) home? If so, a judge would give her time to find permanent housing, and he would not get emergency custody based SOLELY on this.
          The opposite of this can happen too, Amy. What happened with your husband is not necessarily going to happen in every case and you can't predict how a judge will rule based on your own experience.

          And, are we talking about a divorced couple, or a separated-but-not-divorced couple? It may make a HUGE difference, legally speaking.

          Comment


          • #6
            True...... I actually thought about that after I posted, that my wording was not good..... I should never have said "a judge will".......... should never say that about anything. My apologies to the OP....

            Just the same, if the mother has some place temporary to go, gaining emergency custody may be more difficult to obtain....... unless there are other reasons for filing emergency custody. It makes sense to have more evidence than only an eviction... That was my point.

            God bless!
            Amy

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            • #7
              she claims no place to go except up to CT with no funds to get there...

              Comment


              • #8
                Originally posted by thestepmama View Post
                she claims no place to go except up to CT with no funds to get there...
                Has your fiance gotten a consult?
                If not, he should ASAP.

                Are there any existing court orders for custody?
                If there is, does Mom have custody?

                IF there are no custody orders at all, and fiance is still legally married, he can go get the kids, however this is also going to present a problem, that's why he should get a consult ASAP.

                Comment


                • #9
                  Originally posted by xena View Post
                  Has your fiance gotten a consult?
                  If not, he should ASAP.

                  Are there any existing court orders for custody?
                  If there is, does Mom have custody?

                  IF there are no custody orders at all, and fiance is still legally married, he can go get the kids, however this is also going to present a problem, that's why he should get a consult ASAP.
                  there is nothing from court. He does have a lawyer but she practices only in CT so she not much help right now (great for the divorce)

                  I have decided to take a step back and let him do whatever he thinks he needs to do but made it clear that i support whatever decision he makes....

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