Summary
You can request a continuance for an emergency custody hearing in Oklahoma by filing a motion with the court, citing valid reasons such as the unavailability of your lawyer or POA. Draft a Motion for Continuance, attach a supporting affidavit, and submit it promptly. If notarization is required, seek free or low-cost notary services. Ensure all documents are organized and filed correctly with the court. If your daughter is involved in a custody case, she is typically the plaintiff if she initiated the action or is defending her rights. For urgent matters, contact the court clerk to explain the situation and explore options for remote participation. Consider reaching out to disability rights organizations for additional support.Full Conversation
I had * hours notice and my lawyer is scross state doing a conference and my poa is * hours away
Case Rating: *.
You can request a continuance for the emergency custody hearing by following these steps:
- File a motion for continuance with the court.
- Provide valid reasons for your lawyer's and POA's unavailability.
- Submit the request as soon as possible.
Would you like guidance on drafting the motion?
Yes and every resource to find the forms
To request a continuance for an emergency custody hearing in Oklahoma, you can follow these steps:
*. Draft a Motion for Continuance:
- Clearly state your reasons for needing a continuance.
- Mention the unavailability of your lawyer and POA.
- Include all relevant case details.
*. File the Motion:
- Submit the motion to the court handling your case.
*. Forms and Resources:
- Oklahoma State Courts Network (OSCN) offers forms and resources. Visit [www.oscn.net](https://www.oscn.net) and search for "Motion for Continuance" forms.
Do you need more help with any specific part of the drafting process?
I cannot find the forms anywhere
You can draft your own Motion for Continuance if you can't find a form. Here's a basic outline for your motion:
*. Heading:
- Court name and address
- Case number
- Parties involved
*. Title: "Motion for Continuance"
*. Introduction:
- Briefly state the request for a continuance and the case details.
*. Body:
- Explanation of why you need the continuance (e.g., lawyer at a conference, POA far away).
- Any supporting evidence or documentation.
*. Conclusion:
- Request a new date for the hearing.
- Your contact information.
*. Signature:
- Sign and date the motion.
If you still prefer an official form or template, contact the court clerk for assistance. Would you like more details on any specific section of this outline?
Is there an ai generator to do this for me
No, as of now, there isn't an AI generator specifically designed to draft legal motions for continuances. However, you can use AI-powered tools like ChatGPT or legal document generators to assist with drafting by inputting the necessary details.
Would you like advice on how to use these tools effectively?
What sites can draft it for me
You can use various online legal document services to draft your Motion for Continuance. Here are a few popular options:
- LegalZoom: Offers customized legal documents and assistance.
- Rocket Lawyer: Provides legal document templates and attorney advice.
- LawDepot: Offers a wide variety of legal document templates.
Would you like more details on how to use any of these services?
Free motions of continuance form's
You can draft a Motion for Continuance using free resources. Here are some options:
- Oklahoma State Courts Network (OSCN): Visit [www.oscn.net](https://www.oscn.net) and search for "Motion for Continuance" forms.
- LawHelp Interactive: Provides free legal forms and templates. Visit [www.lawhelpinteractive.org](https://www.lawhelpinteractive.org).
Would you like more specific guidance on how to use these resources?
As my daughter's poa could i just write a note and email it on my daughter's behalf asking for a continuance?
Case Rating: *.
You can write a note requesting a continuance on behalf of your daughter as her POA, but it’s generally more effective to file a formal motion with the court. Informal requests like emails might not be given the same consideration.
Would you need guidance on drafting the formal motion?
Yes
Case Rating: *.
To draft a formal Motion for Continuance on behalf of your daughter, follow these steps:
*. Heading:
- Court name and address
- Case number
- Parties involved
*. Title: "Motion for Continuance"
*. Introduction:
- Briefly state the request for a continuance and the case details.
*. Body:
- Explain why you need the continuance (e.g., lawyer at a conference, POA far away).
- Include any supporting evidence or documentation.
*. Conclusion:
- Request a new date for the hearing.
- Provide your contact information.
*. Signature:
- Sign and date the motion.
For forms or templates, you can visit:
- [Oklahoma State Courts Network (OSCN)](https://www.oscn.net)
- [LawHelp Interactive](https://www.lawhelpinteractive.org)
Would you like more help with any specific section of this motion?
In filing out a motion for a continuance, what does it mean when it says, "this motion is based on records and files in this cause, and the attached affidavit of"
Case Rating: *.
When a motion states, "this motion is based on records and files in this cause, and the attached affidavit of," it means that the motion relies on the existing case records and an affidavit (a sworn statement) that supports the reasons for the continuance.
Would you like assistance in drafting the affidavit?
Yes
Case Rating: *.
To draft an affidavit for your Motion for Continuance, follow these steps:
*. Heading:
- Court name and address
- Case number
- Parties involved
*. Title: "Affidavit in Support of Motion for Continuance"
*. Introduction:
- State your name and role (e.g., POA for your daughter).
- Mention the case details and your request for a continuance.
*. Body:
- Clearly state the reasons for the continuance (e.g., lawyer's conference, POA's distance).
- Mention any supporting evidence.
*. Conclusion:
- Declare that the information provided is true to the best of your knowledge.
- Request a new hearing date.
*. Signature:
- Sign and date the affidavit.
- Include a notary public’s signature if required.
Would you like further details on any specific section of this affidavit?
n filing out a motion for a continuance, what does it mean when it says, "this motion is based on records and files in this cause, and the attached affidavit of ( Name)
Case Rating: *.
The phrase "this motion is based on records and files in this cause, and the attached affidavit of (Name)" means:
- The motion relies on existing case records.
- It is supported by an affidavit (a sworn statement) from the person named.
Would you like assistance in drafting this affidavit?
What do i put for the name
For the affidavit, you should put the name of the person who is providing the sworn statement. This could be:
- Your name, if you are the one making the affidavit.
- Your daughter's name, if she is making the affidavit.
Would you like help drafting this section?
What do i put for the name on the actual motion form
Case Rating: *.
For the name on the actual motion form, you should put the name of the party on whose behalf the motion is being filed. If you are filing on behalf of your daughter, use your daughter's name.
Would you like help with any other part of the motion?
On the motion, where it says "wherefore, plaintiff repectfully moves the court to grant a continuance of the cause" what do i put?
Case Rating: *.
In the "wherefore" clause, you should specify the new date or time frame you are requesting for the continuance. For example:
"Wherefore, plaintiff respectfully moves the court to grant a continuance of the cause to [specific date or time frame]."
Do you need help with any other part of the motion?
On the motion where the plaintiff name goes, do i put mine and my daughters?
For the plaintiff's name on the motion, you should typically put your daughter's name since the motion is being filed on her behalf. If you are also a party to the case, you may include both names, but usually, it’s your daughter's name that goes there.
Would you like guidance on any other part of the motion?
I don't have a case number cuz its an emergency custody hearing brought 4th by dhs in major county oklahoma
For emergency custody hearings, case numbers are often assigned very quickly. It's essential to contact the court clerk directly to obtain it, as it helps in filing and tracking your motion properly.
Would you like guidance on how to contact the court clerk or proceed without the case number?
Who needs to sign it?
Case Rating: *.
For the motion to be effective, it needs to be signed by the person who is filing it. Since you are filing on behalf of your daughter as her POA, you should sign it. Here’s a quick outline:
- Signature Section:
- Your name followed by "as Power of Attorney for [Your Daughter's Name]"
- Date the document
Would you like any more help with this process?
Well it says plaintiff
Case Rating: *.
In legal documents, the term "plaintiff" refers to the person or party who initiated the lawsuit. Given that this is an emergency custody hearing, and you are acting on behalf of your daughter, she would be considered the plaintiff if she is seeking custody.
Would you like help with any other part of the motion or clarification on any terms?
On the motion for continuance, who signs it?
The person who signs the Motion for Continuance should be the one filing it. Since you are filing on behalf of your daughter as her Power of Attorney (POA), you should sign it. Here’s how:
- Your name followed by "as Power of Attorney for [Your Daughter's Name]"
- Date the document
Would you like any more help with this process?
What do i put on the 2nd page of the motion for continuance it wants the lawyers information
For the second page of the Motion for Continuance that requests the lawyer's information, you should include the following details:
- Attorney’s Full Name
- Law Firm Name (if applicable)
- Address
- Phone Number
- Email Address
- State Bar Number (if required)
Would you need help with anything else?
I dont know his state bar number
No worries! You can leave the State Bar Number blank if you don't know it, but try to include all the other information for your lawyer. If the court requires the Bar Number, you can contact your lawyer’s office for that specific detail.
Would you like any more assistance with the motion?
What about the signature on the 2nd page
Case Rating: *.
For the signature on the second page, typically your lawyer would sign it if they were available. Since they are not, you should sign as your daughter's POA. Here's how:
- Your name
- "as Power of Attorney for [Your Daughter's Name]"
- Date the document
Need help with anything else?
On the 2nd page, where it says "you are notified that on" what goes there
Case Rating: *.
For the phrase "you are notified that on," you should enter the date when the Motion for Continuance is being filed or scheduled to be heard by the court. This informs the court and other parties of the specific date the motion was submitted.
Would you need help with any other sections?
Whats the address for the major county court house in oklahoma
Case Rating: *.
Major County Courthouse
Phone: (*) *-*
Address: * E Broadway St, Fairview, OK *
Website: www.oscn.netWould you need any more help with your Motion for Continuance?
Ok whats the affidavit i need that goes with the motion for continuance
Here’s how you can draft the affidavit for your Motion for Continuance:
*. Heading:
- Court name and address
- Case number (if available)
- Parties involved
*. Title:
- "Affidavit in Support of Motion for Continuance"
*. Introduction:
- State your name and role (e.g., POA for your daughter).
- Mention the case details and your request for a continuance.
*. Body:
- Clearly state the reasons for the continuance (e.g., lawyer's conference, POA's distance).
- Mention any supporting evidence (e.g., conference details, POA's location).
*. Conclusion:
- Declare that the information provided is true to the best of your knowledge.
- Request a new hearing date.
*. Signature:
- Sign and date the affidavit.
- Include a notary public’s signature if required.
Would you need more detailed guidance on any specific section of the affidavit?
My adult disabled child resides in Oklahoma me her mother, I reside in kansas. on September 27th *, my daughter was served and EOP from Fairview Police Department in Oklahoma stating that she was allegations made against her for shaking her baby and for abusing the father by hitting and kicking him while he was holding the baby. Now, there was no reports filed on any two of those instances there is no police reports filed no dates no times nothing. So my daughter was served with an order of protection no contact with the father no contact with her 3 month old son. She had court on October 11th of * where the judge stated a continuance and choose to get legal representation in that time well she had I have secured representation for her. The thing is, Lily my daughter that's her name, is mentally disabled, but yet high functioning. She is ignorant to the law and I'm afraid that she's putting herself in Jeopardy going to jail by breaking that contact order. Now last night she broke that contact order and went and seen the father. On the 27th of September of *, Caden that's the name of the father, made false allegations of child abuse against my daughter okay the baby was taken to the hospital and there was a clean bill of health no signs of being shaken at all. And Lily has not made contact with Kate and at all till last night when Kayden has gone and made new Facebook showed up to the place where she is staying at and the owner of the residents called the police to have him leave. But they did not take him to jail. He is trying daughter into contact with him so she will end up in jail and she will not get to see her baby and my daughter like I said is mentally disabled and is not protecting herself and is at risk of not being able to see her baby and is at risk of putting herself in jail and I am her power of attorney but I need to get emergency guardianship over her I think would be my best bet and I don't know how to do that as I residing Kansas and she's in Fairview Oklahoma which is * hours away from me I have no car transportation. Legal aid has no resources to help and I don't know what to do I have no money to get guardianship over her her lawyer she's paying out of pocket with her social security check. I'm hesitant on calling DHS to let him know the situation I've already contacted Fairview police department and they're supposed to be having an officer call me back because he's harassing my daughter and baiting her and which can get her in trouble. I'm not sure of the circumstances now being as she did break that no contact order or that emergency protection order but she did not go to jail either but neither has Kayden for showing up at the residence on someone else's property he was not arrested and I don't know what I could tell the police officers to make him stop harassing my daughter now if he goes to jail that baby will go into State's custody and my daughter is not allowed to have contact with it dates November 1st of * I need to know what my options are what I can do because he's harassing her and I already told the police department that this morning there was no officers there as of yet one is supposed to be calling me back. I'm low income myself I live on HUD I get food stamps and I have zero income as I'm awaiting disability Lily gets Social Security every month. What can I do to get emergency guardianship over her and potentially her *-month-old son who's also out there with the father because he made these false allegations against my daughter so I need to know what to do in a very detailed manner step by step who to call how to approach it and how to get her in that baby here in Kansas with me. I feel that my daughter is incapable of making the right decisions due to her disabilities and I know this might hurt her in court as well showing that she's incapable of making the right decisions in regarding her baby being as she broke a no contact order or or sorry an emergency order protection so I need help going down the right Avenues accessing the proper channels maybe finding some kind of disability rights lawyer to help her be able to keep her baby or what have you her lawyer right now is just helping with the emergency protection order and I think custody and potentially filing charges against the father and his mother because they conspired to do all this to. I have secured for my daughter howeve, new things have come to light the father of the father of my grandson has tried to commit suicide and the baby has been moved to Mustang Oklahoma, foster care. The baby didnt go back to my daughter because of the protection order and tomorrow and my daughter has an emergency custody hearing brought in by DHS there in Fairview at the Major county courthouse. Her lawyer is not going to be able to be present and I'm her power of attorney which means I'm not going to be able to be there either, on her behalf. What can my daughter do at this emergency custody hearing that DHS wants to have to protect herself and from losing her baby? There's no evidence of anything about this in the first place my daughter never abused her son and now that the father has tried to commit suicide the baby has been placed in foster care so what can be done about this this emergency custody hearing because my daughter has court on November 1st where the emergency order of protection was going to get dropped. What are my daughters rights in this emergency custody hearing as she is disabled with no council present?
Case Rating: *.
Your daughter is in a complex situation, and it's crucial to take immediate steps to protect her rights and interests. Here's what you can do:
Steps to Take:
*.
File a Motion for Continuance:
-
Draft the Motion: Clearly state the reasons for needing a continuance (e.g., lawyer unavailable, POA far away).
-
Attach an Affidavit: Provide a sworn statement detailing the reasons for the request.
-
Submit the Motion: File it with the court handling your daughter's case ASAP.
*.
Prepare for the Hearing:
-
Legal Representation: If possible, find another attorney who can represent your daughter temporarily.
-
Emergency Guardianship: File for emergency guardianship in Oklahoma. This may require a local attorney's assistance.
-
Documentation: Gather all evidence, including medical records showing the baby was unharmed, and any communication from Caden.
*.
Contact Relevant Authorities:
-
DHS: Notify DHS about the father's harassment and his attempt at baiting your daughter.
-
Police: Report any further harassment incidents to the police. Keep a record of all interactions.
*.
Dis- Disability Rights Organizations
: Reach out to organizations that can provide legal support for disabled individuals, such as Disability Rights Oklahoma.
Key Points to Present at the Hearing:
- Lack of evidence for abuse allegations.
- Father's actions and mental state (suicide attempt).
- Your daughter's mental disability and her need for support.
- Request for supervised visitations if full custody cannot be granted immediately.
Contact Information:
Major County Courthouse**
Phone: (*) *-*
Address: * E Broadway St, Fairview, OK *
Website: [www.oscn.net](https://www.oscn.net)
Would you like more detailed guidance on any specific step?
Does the affidavit have to be notarized? The hearing is today
Case Rating: *.
In Oklahoma, affidavits generally need to be notarized to be considered valid in court. Here's a quick checklist:
- Draft the Affidavit: Include all necessary information.
- Notarization: Find a notary public to notarize the affidavit.
Would you like guidance on locating a notary quickly?
The hearing is today
Case Rating: *.
Given the urgency, here are immediate steps you can take:
*. Draft the Affidavit:
- Follow the outlined structure.
- Sign and date it.
*. Notarization:
- Check if there's a nearby bank, UPS store, or pharmacy with notary services.
- Some online services offer electronic notarization.
*. Submit the Motion and Affidavit:
- File them with the court immediately.
- Email copies to the court and involved parties.
*. Contact the Court:
- Inform the court clerk about the urgency.
- Request to participate via phone or video if possible.
Would you need more help with any specific details right now?
Yes
Case Rating: *.
Here are the immediate steps to take:
Immediate Steps:
*.
Draft the Affidavit: -
Heading: Court name and address, Case number, Parties involved.
-
Title: "Affidavit in Support of Motion for Continuance."
-
Introduction: State your name and role (POA for your daughter). Mention the case details and your request for a continuance.
-
Body: Clearly state reasons for the continuance (lawyer's unavailability, POA's distance). Mention any supporting evidence.
-
Conclusion: Declare the information is true to the best of your knowledge. Request a new hearing date.
-
Signature: Sign and date the affidavit. Include a notary public’s signature if required.
*.
Notarization: - Check nearby services like banks, UPS stores, or pharmacies for notary services.
- Consider online notarization services like Notarize.com if time is very tight.
*.
Submit the Motion and Affidavit: - File them with the court ASAP.
- Email copies to the court and involved parties.
*.
Contact the Court: - Inform the court clerk about the urgency- Request to participate via phone or video if possible.
Key Points for the Hearing:
- Lack of evidence for abuse allegations.
- Father's actions and mental state (suicide attempt).
- Your daughter's mental disability and her need for support.
- Request supervised visitations if full custody can't be granted immediately.
Contact Information:
Major County Courthouse
Phone: (*) *-*
Address: * E Broadway St, Fairview, OK *
Website: [www.oscn.net](https://www.oscn.net)
Would you need more help with any specific part of this process?
I dont have money for a notary
Case Rating: *.
If you don't have money for a notary, you have a couple of options:
*. Free Notary Services: Some banks offer free notary services to their customers. Public libraries and your local courthouse may also provide free or low-cost notary services.
*. Online Notary Services: Some services like [Notarize.com](https://www.notarize.com) offer online notary services, which might be more affordable.
*. Alternative Solutions:
- Court Clerk: Explain your situation to the court clerk; sometimes they can provide guidance or waive certain requirements in emergencies.
- Witness Statement: If notarization is absolutely not possible, you can include a statement indicating the urgency and the reason notarization couldn't be obtained.
Would you need specific guidance on contacting any of these resources?
How to file with the court
Case Rating: *.
To file with the court:
*. Draft the Motion and Affidavit:
- Motion for Continuance:
- Heading: Court name and address, case number, and parties involved.
- Title: "Motion for Continuance."
- Introduction: Briefly state the request for a continuance and the case details.
- Body: Explain the reasons for the continuance (lawyer's unavailability, POA's distance).
- Conclusion: Request a new hearing date and provide contact information.
- Signature: Sign as POA for your daughter.
- Affidavit in Support of Motion for Continuance:
- Heading: Court name and address, case number, and parties involved.
- Title: "Affidavit in Support of Motion for Continuance."
- Introduction: State your name and role (POA for your daughter), and the case details.
- Body: Clearly state reasons for the continuance (lawyer's unavailability, POA's distance).
- Conclusion: Declare the information is true to the best of your knowledge and request a new hearing date.
- Signature: Sign and date the affidavit. Include a notary public’s signature if possible.
*. Notarize the Affidavit:
- Check for free notary services at local banks, libraries, or the courthouse.
- If needed, use online notarization services like [Notarize.com](https://www.notarize.com).
*. File the Documents:
- Submit the Motion and Affidavit to the court handling your daughter's case.
- You can do this in person, by mail, or electronically (if available).
*. Notify Relevant Parties:
- Email or fax copies to the court and involved parties, including DHS and your daughter's lawyer.
*. Contact the Court Clerk:
- Inform the court clerk about the urgency and request to participate via phone or video if possible.
Would you like guidance on how to contact the court clerk or any other specific step?
Is my daughter the plaintiff
Your daughter would typically be considered the plaintiff if she is the one seeking custody or defending against the emergency order of protection. Here’s how you can clarify her role:
- Plaintiff: If she initiated the custody proceeding or is defending her rights against the allegations.
- Defendant: If DHS or another party initiated the action against her.
Would you like assistance with any other part of the process?
How to file with the court
To file with the court:
Steps to File the Motion for Continuance and Affidavit:
*. Draft the Motion for Continuance:
- Heading: Court name and address, case number, and parties involved.
- Title: "Motion for Continuance."
- Introduction: Briefly state the request for a continuance and the case details.
- Body: Explain the reasons for the continuance (lawyer's unavailability, POA's distance).
- Conclusion: Request a new hearing date and provide contact information.
- Signature: Sign as POA for your daughter.
*. Draft the Affidavit in Support of Motion for Continuance:
- Heading: Court name and address, case number, and parties involved.
- Title: "Affidavit in Support of Motion for Continuance."
- Introduction: State your name and role (POA for your daughter), and the case details.
- Body: Clearly state reasons for the continuance (lawyer's unavailability, POA's distance).
- Conclusion: Declare the information is true to the best of your knowledge and request a new hearing date.
*. Notarize the Affidavit:
- Free Notary Services: Check local banks, libraries, or the courthouse.
- Online Notarization: Consider services like [Notarize.com](https://www.notarize.com).
*. File the Documents:
- Submission: Submit the Motion and Affidavit to the court handling your daughter's case.
- Methods: In person, by mail, or electronically (if available).
*. Notify Relevant Parties:
- Distribution: Email or fax copies to the court, DHS, and your daughter's lawyer.
*. Contact the Court Clerk:
- Inform: Explain the urgency and request participation via phone or video if possible.
Would you like more detailed guidance on any of these steps?
Yes #*
To attach documents to your Motion for Continuance, follow these steps:
*. Prepare the Documents:
- Ensure all documents are clearly labeled.
- Include a cover sheet listing the attached documents.
*. Combine the Documents:
- Staple or paperclip the motion, affidavit, and any supporting documents together.
- Create a table of contents if there are multiple attachments.
*. File with the Court:
- Submit the entire packet (motion, affidavit, and attachments) to the court clerk.
- If filing electronically, scan and upload all documents as a single PDF file.
Would you like more help with organizing or labeling the attachments?
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