★ Power of Attorney
Custody issues are very complex. The complexities increase whenever you have situations that involve violence, abuse, or third party caregivers. This page is designed to help you in an emergency custody situation. NOTHING ON THIS PAGE SHOULD TAKE THE PLACE OF A DETAILED DISCUSSION WITH AN ATTORNEY. Let’s explore some of the emergency custody issues that often arise for people.
Under the Family Violence Protection Act, the court is vested with the power to make emergency custody decisions. These custody decisions are not intended to be long term solutions, but quick, band-aid type of outcomes until people have a chance to go before the proper court. Regardless of whether you are married, are divorced, are living together or not, if violence is involved between family members (this is very loosely defined…it includes boyfriends/girlfriends, husband/wife, etc.) then you may obtain a domestic violence restraining order. The quick explanation goes like this: a person goes to the district court for the county in which they reside. You go to the domestic violence clerk or the clerk of the court and ask to file a petition for domestic violence. Based on the allegations you may have the court issue a temporary restraining order that gives a temporary order awarding custody and implementing a no contact policy until a further court hearing. At your court hearing the judge will decide if a more permanent order (up to 6 months when custody is involved) is warranted. To begin filing click the button below.
Third Party Custody / Guardianship / Grandparents
In this day and age, many people who are not parents of a child find themselves needing to take custody of a child. Whether you are a parent, cousin, uncle, aunt, or other caregiver, you might find yourself needing to obtain custody of a child to protect the child. Since you are not a parent you cannot file a domestic violence action on behalf of the child. Thus, the domestic violence route cannot be used for this situation. Generally, you utilize the Kinship Guardianship Act. Under this law, a third party caregiver (this is defined by law) can petition the court in an emergency situation for temporary guardianship pending a hearing on the final guardianship outcome. Even when there is no emergency, many third party caregivers find themselves seeking guardianship to protect a child and to provide for that child’s best interests. NOTHING HEREIN SHOULD REPLACE THE DETAILED ADVICE FROM AN ATTORNEY. In addition, for many families, grandparents play a big role in the upbringing of a child’s life. When grandparents want to ensure access to their grandchildren but do not seek to raise the child then application of the Grandparents Privileges Act is something to consider. All of these laws require detailed analysis and explanation. Without proper guidance you may jeopardize your opportunity to help the child and permanently injure your own access to the child. To help with custody situations involving third party caregivers, click the link below for a power of attorney form. This form can be used when parents are willing to give another some control over their child. This is only a temporary fix and does not replace the need for further court action in most cases. Click the button below, print the form and fill it out.