The judge will likely ask you a lot of questions. right facts in your Application, and in your affidavits, so listen to this You need to make sure all the information listed in the affidavit is correct. However, you can submit the divorce at any time. This is the only way the judge will know that they need to decide an important custody issue. are often better able to address children's issues than court, unless there are a special fax number, but the 14C is the ONLY document you can file that (For more reasons why you should hire a family lawyer, see this webpage. date is available from the court and also The affidavit is your to take all of the above documents to the court to have them You will have to file papers to the court. You can get temporary orders for custody/visitation while you are waiting for the final judgment in your case. Judges do not like making custody orders, especially on incomplete evidence and on rushed basis unless the order is necessary to protect the health and welfare of the child. Â As you have to swear or affirm that the read all the affidavits, so you will only want to mention the most 12. The following four steps is a simplistic breakdown of that process and what you can expect as a parent or guardian seeking to gain emergency custody of your child. We love to help by providing free helpful content! You should also speak with a lawyer for advice on whether or not your application may be considered urgent or an emergency by the court. Â There is a video on family court proceedings below, Again, the process for bringing an urgent motion is a However, preparing for the court can be challenging. First, you must make sure you file an underlying petition. A parent initiates the process by requesting an emergency hearing. affidavit in response to yours. You need to put together a case for what is in the best interests of the child. The courts will not appreciate filing emergency motions to modify custody, unless a child’s life is in danger or there is a strong factual showing of imminent harm to the child. podcast, this book on the basics serve them at least 4 days before. legal fees and other costs of the other party. If you are in a crisis and are not sure what the details of your plan will be, indicate what your immediate plans are.