My ex husband has primary residencey of my 5 year old due to fact I was in rehabilitation and in a bad way two years ago-- I have since put myself back in business school, in a stable relationship, and have a nice home and also has his two older sister her at my home wanting him here. He on the other hand is now living with aunt and uncle who raised him whom are in there 70's and he leaves my child there all the time while he is off doing whatever. I am getting phone calls from people stating that my son is seeing too much stuff he shouldn't be seeing, his father is back drinking and doing drugs, and owes people a lot of money. My son is on 4 different medications and is not get them properly administered to him. He calls me when his father leaves him crying cause he is upset. He takes him to different girls houses to stay, he has 3 that I know of. I stop in to check on him at his fathers and is father is never there he is always left there with his aunt and uncle. His father does not work has been laid off for the past 3 months. When I pick him up he smells from not having a bath. His father only lets me get him every other weekend. I have went to the court house got petition for custody modifition but also got papers for emergency ex parte but not sure what falls under that. First question--Reason that the Respondent should not be given notice? Not sure what that means or if I have reasons that he shouldn't be given notice? Can someone help me--or does anyone think I have good enough reason for emergency ex parte? My son crys for me all the time and its killing me. I love my son so much he is my life.

Please Help

You are saying you got the papers for both custody modification and emergency ex oarte but haven't filled them out yet?

You would fill them both out and writing a detailed documentation (with days and times if possible) of what you see that makes you concerned and take it to court. Then you would be granted the emergency ex parte (if the Judge grants) and then have a court date for the modification.

I can only guess that not being given notice would mean that you fear he will be prepared for a fight, or run or something if he is forewarned.
If he is being neglected as you say and I am sure it is more likely more detail and concern than what you have included I would say you have a good chance of getting emergency ex parte but it is up to the Judge in the long run.

First, please pay more attention to posting rules. There is a Read First Sticky note at the top of the Children forum (where this was moved from) that directs question of a legal nature here.

An Ex Parte jearing is a hearing with the judge where the other party (and/or their legal representative) is not present. Such a hearing is used when it is felt that harm may come to the child if the other parent is aware of legal action. I don't really see that happening here so I'm not sure you even need to file for ex parte.

You need to file for a modification of the custody order. You need to assemble proof (not just your word) that the child is not staying with the father, that he is not being cared for, etc.

I would strongly suggest consulting with an attorney who can, at least, instruct you on how to prepare a proper case.