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    johnfoulk's Avatar
    johnfoulk Posts: 1, Reputation: 1
    New Member
     
    #1

    Dec 4, 2011, 09:07 AM
    How do I get back my children from my parents ?
    I am a single parent who visited my parents for the holidays, looked for work in there area but found no work, so I decided to move back to my home state, I was verry poor and went to my parents for help, what I got was verry intrusive abusive and controlling parents , there goal was to have me and my 3 boys live closer to them, and nothing or any concern for me the boys only parent to be able to work and care for them,with no child support from there bio mom life was hard, going back home was the best decision, since leaving I bought a plumbing company, I am a licensed plumber, I bought a new home, life has inproved just as I predicted, where the problem lies is in what my bio parents did when I was still in the state, they went to court got emergency custody knowing I was not available because I was busy looking for work,lied a million lies , got temp custody threw out the older son who lives with me in our new home, and have taken advantage of my inability to travel back 1800 miles away and hire an atty and get my boys back, they hang up when I call , they throw away toys I buy for my boys, is there help out there?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #2

    Dec 4, 2011, 01:52 PM
    This has been moved to its own thread. Please watch the dates. Your situation is unique. Thanks.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Dec 4, 2011, 01:58 PM
    Were you served a summons about the emergency hearing? Did you respond at all to the court?

    If you can't go to court to apply to overturn the emergency order then you will have to hire an attorney to represent you.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #4

    Dec 4, 2011, 02:37 PM
    Emergency orders are issued in many circumstances but that one/ I am sure/ was for children abandonment.
    The court must conduct a full hearing before it may issue an emergency order. All parties must be given notice and an opportunity to be heard. However, the court may issue an interim temporary order to protect the child before the hearing.

    In my point of view your parents got only interim temporary order . The court with emergency authority specifies a time that the temporary order is in effect. During this time, the party with temporary custody can seek a permanent child custody order from the original court. The emergency order remains in effect until the original court enters a custody order or until the specified time expires.

    The emergency court may only enter a temporary order to protect a child. It may not enter an order that has an impact on permanent child custody.

    You cannot appeal a temporary custody order. You need file a motion to vacate the emergency temporary custody order with the same court that issued it. The only court that has authority to vacate an order is the one that issued it.

    You will have to show the judge that the reason/condition for the temporary custody order is no longer in existence, and therefore, should be vacated.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Dec 4, 2011, 03:17 PM
    Just to expand on what GV is saying, you NEED to get a copy of the order. You do not need an attorney to do this, just contact the court clerk.

    It would help us help you to know the timeline here and what states are involved.

    Once you know exactly what the order says, you can know how to proceed.

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