Emergency Custody Motion Guidance

Hi Kim! How can I assist you with your legal issue today?

Hi Kim! In Georgia, you can file an emergency custody motion if there is immediate danger to the child. Here's what you could consider:
- File an emergency custody motion if the child is in immediate danger.
- Include all other concerns in the custody modification motion.
- Request a temporary hearing for immediate relief and a permanent custody modification later.
Would you like more details on how to file these motions?

You should file an emergency custody motion if the child is in immediate danger. Separately, file a motion for custody modification addressing other concerns. You can request a temporary hearing for immediate relief and a permanent custody modification later.
Would you like guidance on how to file these motions?

In Georgia, here's a simple guide to filing these motions:
- Emergency Custody Motion: File this if the child is in immediate danger.
- Custody Modification Motion: File separately for addressing other concerns.
- Request Temporary Hearing: For immediate relief and later permanent custody modification.
Would you like detailed steps on how to file these motions?

To file an emergency custody motion and custody modification motion in Georgia, follow these steps:
*. Emergency Custody Motion:
- Prepare a sworn affidavit detailing the emergency.
- Complete the emergency custody motion form.
- File the motion with the relevant family court.
*. Custody Modification Motion:
- Complete the custody modification form.
- Include detailed reasons for the modification.
- File the motion with the same family court.
*. Request Temporary Hearing:
- Request a temporary hearing within your custody modification motion.
- Indicate the need for immediate relief.
Would you like more information on how to prepare the affidavit or forms?

In Georgia, an affidavit is generally necessary for an emergency custody motion. Affidavits are sworn statements made under oath and must be notarized. It's better to prepare an affidavit rather than just adding a sworn statement at the end.
Would you like more details on how to prepare an affidavit?

Yes, you can mention the same issues in both the emergency custody motion and the custody modification motion. This helps to ensure the court is fully aware of all concerns in both contexts.
Would you like more details on how to properly draft these motions?

Sure thing, Kim! Here are some additional points to help you:
- Emergency Custody Motion: Include all immediate danger concerns.
- Custody Modification Motion: Repeat the issues from your emergency motion for consistency.
- Affidavit: This must be notarized and attached to your emergency motion.
Would you like a sample template for an affidavit or any other specific details?

Kim, here is a sample template for an affidavit that you can use:
---
Affidavit for Emergency Custody Motion
State of Georgia
County of [Your County]
Affiant: [Your Full Name]
Case Number: [Your Case Number]
Sworn Statement:
I, [Your Full Name], being duly sworn, depose and say:
*. I am the [relationship to child] of [child's full name].
*. [Describe the immediate danger or abuse in detail].
*. [Provide any supporting evidence or witness statements].
Signature: __________________
Date: ________________
Notary Public:
Subscribed and sworn to before me on this ____ day of ________, 20___.
Signature: __________________
My commission expires: ________________
---
Would you like guidance on any other part of the process?

Kim, it's important to keep your emergency motion concise and focused on immediate danger to the child. Judges often prefer brief and clear motions. You can summarize past biases and issues but focus primarily on immediate threats and evidence.
Would you like tips on how to condense your motion?

Kim, here are some tips to condense your emergency motion:
- Focus on Immediate Danger: Highlight the current and urgent threats to the child's safety.
- Summarize Past Issues: Briefly mention past biases and false allegations, but avoid lengthy details.
- Evidence and Facts: Include clear and concise evidence and facts supporting the immediate danger.
Would you like a sample condensed version or any other specific guidance?

Kim, here’s a condensed version template to help you:
---
Emergency Custody Motion
State of Georgia
County of [Your County]
Affiant: [Your Full Name]
Case Number: [Your Case Number]
Sworn Statement:
I, [Your Full Name], being duly sworn, depose and say:
*. I am the [relationship to child] of [child's full name].
*. The child is in immediate danger due to [describe specific threats/abuse].
*. Past issues include biases and mishandling by DFCS, summarized as follows: [briefly list key points].
Signature: __________________
Date: ________________
Notary Public:
Subscribed and sworn to before me on this ____ day of ________, 20___.
Signature: __________________
My commission expires: ________________
---
Would you like any other specific details or guidance on this process?

Kim, could you let me know if you need more help with the content of your emergency motion or assistance with any other part of the process, such as filing or what to expect at the hearing?

Kim, here's a suggested approach to help you focus and condense your emergency motion:
- Immediate Danger: Clearly state the current and urgent threats to the child's safety.
- Brief Historical Context: Summarize past issues in a few sentences, highlighting key incidents.
- Evidence: Include only the most crucial evidence that supports the immediate danger.
Would you like further details on how to summarize past issues effectively?