Amanda Szpakowski: My name is Amanda Szpakowski. I am the Family Law legal assistant here at the Bornmann Law Group. I specialize in anything family lawrelated; custody, visitation, father’s rights, anything family law. Is what we could put in place called Emergency Temporary Orders. And basically what that is, is if there’s a situation where a parent is not being able to see the minor child, or the minor child is in a dangerous situation that could compromise his safety, we could ask for an Emergency Temporary Orders hearing. This could be with or without the other party’s notice, depending on the seriousness of the matter. And this would ask for a very quick hearing in front of the judge to either get parent time with the minor child,
or get the child out of the situation that is dangerous for him. Any type of situation like that, we can ask for Emergency Temporary Orders.
Child Custody Modification When There is a Material Change of Circumstances
child custody modification when there isa material change of circumstances custody battles make for great fodderfor TV and movies but the reality typically involvessignificantly less drama a court signs off on a custody plan thatis created for the kids and both parents share the child orchildren accordingly if someone wants to make a significantchange to a custody agreement as in change primary custody from oneparent to the other things can get a little trickier there areessentially two options
the first option is for the parentseeking the change to get the other parent to agree to the change this might be unlikely but if theparents do manage to come to a consensus on the change the court is generally going tosign off on it without any issue as long as itappears to be in the best interest of the children the second option requires the parentseeking the change in custody without the others approval
to petition the court to make thealteration a custody agreement isn’t just going to change on a whimand some courts require a waiting period following the originalcustody agreement during which no changes can be made unless the parentseeking a change can show some time of imminent dangeror harm to the child this waiting period can be as long astwo years outside of the waiting period the parent seeking a change will firsthave to prove that something called a material change incircumstances has occurred
a material change in circumstances is avery significant change like one parent losing the ability tocare for a child moving away or developing a substance abuse problemif the parent requesting the change is able to show that somethingsignificant and important changed the court will next considerwhether the change is in the best interest of the childrenif it is the requested change will be granted.