How to get emergency custody of my children?

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How to get emergency custody of my children?

I share custody with with my ex-wife’ she is the residential parent. However, 2 days ago she attempted suicide by taking several pills while; the children were in her care. She is currently on suicide watch in the hospital and I have the children in my care. She has been threatening to harm herself for several weeks now but also had an altercation with her boyfriend last week and was charged with destruction of property. I am very concerned about the safety of my kids and feel the need for some sort of legal protection for them and myself. I really feel like she should be evaluated before they go back to stay with her, but she will argue otherwise and take them. I need emergency custody and don’t know what to do or how much it will cost.

Asked on October 28, 2012 under Family Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you immediately consult with a family law attorney about nthe fact pattern of the situation you have written about concerning your "ex". Given her medical situation she might agree to give you through a written stipulation temporary full physical custody of your children. That would be the easiest way to resolve your concerns as to your children's safety.

If she is unwilling to do that, then filing a petition with the court for a temporary retraining order giving you full custody for the interim may be what needs to be accomplished.


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