Emergency Custody Motion Guide

Summary

Filing an emergency custody motion in Georgia involves submitting it to Superior Court, detailing current harm, and requesting a new GAL due to conflicts. Include the juvenile docket and original civil filing numbers for reference. Structure the motion with sections like Background, Factual Basis, and Relief Requested. Use 12-point font, double spacing, and clearly label exhibits. If evidence is pending, mention it as anticipated. Legal aid services can provide further guidance.

Full Conversation

If my last custody case was in the Juvenile court in GA (was transferred after originating in superior court due to request by opposing party and assigned to a GAL who has been familiar with case (improving the opposing parties odds of a favorable outcome due to the GAL and her ties and connections to the opposing partie's attorney), what can I do now if that case is completley closed out and I need to file an emergency motion for custody due to current harm to the child and I dont want the case back in juvenile court or with the same GAL
Hi Kim,
To file an emergency motion for custody in Georgia and avoid the case returning to juvenile court or the same GAL, you may consider:
- Filing the motion in Superior Court.
- Requesting a different GAL due to conflict of interest.
Have you consulted an attorney about this matter?
I cant afford to
Hi Kim,
I understand your situation. Here are a few options you might consider:
- File the emergency motion in Superior Court.
- Explain the conflict of interest in your motion to request a different GAL.
- Seek legal aid or a pro bono attorney for assistance.
Would you like information on legal aid services in Georgia?
can you provide an example version of how to do this to prevent the transfer
Hi Kim,
To file an emergency motion for custody in Georgia and avoid the case being transferred back to juvenile court or assigned to the same GAL, you can follow these steps:
*. **File the Motion in Superior Court:**
- Draft your emergency motion outlining the current harm to your child.
- Clearly state your reasons for filing in Superior Court and not in Juvenile Court.
*. **Request a Different GAL:**
- In your motion, explicitly mention the conflict of interest with the previous GAL.
- Provide evidence or examples of the GAL's connections to the opposing party's attorney, if available.
*. **Seek Legal Aid Services:**
- If you can't afford an attorney, consider reaching out to legal aid organizations for help.
Would you like information on legal aid services in Georgia?
Best regards,
FreeLawChat
when filing the emergency motion in superior court do I add the juvenile docket number and the original civil filing number to the motion itself or leave it off
Hi Kim,
When filing the emergency motion in Superior Court, include:
- The juvenile docket number.
- The original civil filing number.
This ensures the court can reference the previous case history accurately.
Would you like any further assistance with drafting your motion?
yes please
Hi Kim,
Here's a basic outline to help you draft your emergency motion for custody in Superior Court:
*. **Caption:** Include the court name, your name, opposing party's name, juvenile docket number, and original civil filing number.
*. **Introduction:** State the purpose of your motion and the urgency due to current harm to your child.
*. **Background:** Briefly summarize the previous case history.
*. **Conflict of Interest:** Explain the conflict with the previous GAL, providing any evidence.
*. **Relief Requested:** Clearly state what you are asking the court to do (e.g., grant custody, assign a new GAL).
Would you like more detailed guidance on any specific section?
yes, if the last order stated that I needed trauma counseling and I have completed that, where do I add this or should I leave it off
Hi Kim,
Include your completion of trauma counseling in the "Background" section of your motion. Mention it briefly to demonstrate your compliance with previous court orders and any positive impact it may have had.
Would you like more detailed guidance on how to draft this section?
yes please
Hi Kim,
Here’s a detailed guide for drafting the "Background" section of your emergency motion:
*. **Background:**
- **Previous Case Summary:** Briefly summarize the history of your custody case.
- **Compliance with Orders:**
- State that the last order required you to undergo trauma counseling.
- Mention that you have successfully completed the trauma counseling.
- Highlight any positive changes or impact this counseling has had on you and your ability to care for your child.
Would you like any further assistance with another part of the motion?
yes, also the trauma counseling wasnt a requirement it was just something stated.
Hi Kim,
In that case, you can include the trauma counseling in the "Background" section as follows:
- **Background:**
- **Previous Case Summary:** Briefly summarize the history of your custody case.
- **Counseling Completion:**
- Mention that you have voluntarily completed trauma counseling.
- Highlight any positive changes or impact this counseling has had on you and your ability to care for your child.
Would you like further assistance with any other part of your motion?
yes pleae
Hi Kim,
Which section of your emergency motion would you like assistance with next? Here are some options:
- Caption
- Introduction
- Conflict of Interest
- Relief Requested
Let me know which part you need help with, and I'll provide more detailed guidance.
you mentioned a "brief statement" regarding the trauma counseling, however the opposing partie's false allegations against me of making up medical symptoms to doctors for my child's illnesses (which an abuse expert confirmed were valid illnesses but possibly the symptoms were not as severe as reported, but the expert could not show anywhere in the reviewed medical records where that was ever stated) I was able to see after the hearing and finalized report from the child abuse expert that the opposing party made a statement that was added to the child's medical records against myself telling medical staff that I make up symptoms of illness. that is the only thing in the child's medical record that states that. I want to be able to explain in my motion for emergency custody to a new judge who may have concerns, why this happened in the first place. and also that the opposing party has threatened to make more similar false allegations against me if I file this motion. how can I add this explanation or should I leave it out
Hi Kim,
In your emergency motion for custody, you can address the false allegations and threats in the "Background" section, as follows:
- **Background:**
- **Previous Case Summary:** Briefly summarize the history of your custody case.
- **False Allegations:**
- Mention the opposing party's false allegations of you making up medical symptoms.
- State that an abuse expert confirmed the validity of the illnesses.
- Note the absence of such statements in the child's medical records.
- **Threats:**
- Include that the opposing party has threatened to make more false allegations if you file this motion.
Would you like further assistance with another section of your motion?
yes, re: background, false allegations, and threats, are those individual sections or subsections in the motion and can you provide a sample format of how to add those
Hi Kim,
In your emergency motion for custody, you can structure the "Background" section with subsections for clarity. Here's a sample format:
*. **Caption:**
- Court Name
- Your Name
- Opposing Party's Name
- Juvenile Docket Number
- Original Civil Filing Number
*. **Introduction:**
- State the purpose and urgency of the motion.
*. **Background:**
- **Previous Case Summary:**
- Briefly summarize the history of your custody case.
- **Counseling Completion:**
- Mention your voluntary completion of trauma counseling.
- Highlight the positive changes it has had on you and your ability to care for your child.
- **False Allegations:**
- Describe the opposing party's false allegations of you making up medical symptoms.
- State that an abuse expert confirmed the validity of the illnesses.
- Note the absence of such statements in the child's medical records.
- **Threats:**
- Include that the opposing party has threatened to make more false allegations if you file this motion.
*. **Conflict of Interest:**
- Explain the conflict with the previous GAL, providing any evidence.
*. **Relief
in the background section, how should I begin the first sentences, more specifically, the case history is lengthy, should I start with the last hearing and modified order
Hi Kim,
For the "Background" section, start with a brief summary of the most recent hearing and the modified order. This approach provides context and ensures the court understands the current status before delving into the detailed case history.
Would you like further assistance with this section?
yes
Hi Kim,
Here's how you can begin the "Background" section:
*. **Background:**
- **Previous Case Summary:**
- "The most recent hearing on [date] resulted in a modified order requiring [details of the order]. Since then, I have [briefly summarize compliance and any significant events]."
- **Counseling Completion:**
- Mention your voluntary completion of trauma counseling and its positive impact.
- **False Allegations:**
- Describe the opposing party's false allegations and the abuse expert’s findings.
- **Threats:**
- Include the threats made by the opposing party.
Would you like further assistance with this section?
yes
Hi Kim,
Here's a more detailed guide for the "Previous Case Summary" subsection of your "Background" section:
*. **Background:**
- **Previous Case Summary:**
- "The most recent hearing on [date] resulted in a modified order requiring [details of the order]. Since then, I have complied with the order by [briefly describe your actions]. Additionally, I have voluntarily completed trauma counseling, which has positively impacted my ability to care for my child."
Would you like further assistance with another section?
yes
Hi Kim,
Which section would you like to work on next? Here are some options:
*. Detailing the **Conflict of Interest** with the previous GAL.
*. Specifying the **Relief Requested**.
*. Adding any additional **Evidence** or **Supporting Documents**.
Please let me know which one you need assistance with!
factual basis
Hi Kim,
To include the "Factual Basis" section in your emergency motion for custody, you can structure it as follows:
*. **Factual Basis:**
- **Current Harm:** Describe the immediate harm or risk to the child.
- **Evidence:** Provide any evidence supporting the harm (e.g., medical reports, witness statements).
- **Urgency:** Explain why immediate court intervention is necessary.
Would you like further assistance with any specific part of this section?
in the factual basis section would I include positive reasons for allowing the sole custody I am requesting since the child is being harmed in the opposing partie's househould>
Hi Kim,
Yes, in the "Factual Basis" section, you should include positive reasons for why granting you sole custody is in the child's best interest. You can structure it as follows:
*. **Factual Basis:**
- **Current Harm:** Describe the immediate harm or risk to the child in the opposing party's household.
- **Positive Reasons for Sole Custody:** Explain how sole custody with you will provide a safer and more stable environment.
- **Evidence:** Provide any supporting evidence (e.g., medical reports, witness statements).
- **Urgency:** Explain why immediate court intervention is necessary.
Would you like more detailed guidance on any specific part of this section?
yes, if the main concern is current SA allegations and that DFCS has left the child in the offending parties home after SA referrals by evaluating medical providers, and the child has since made new outcries of SA, and there is a current police investigation and the child is being told to recant the outcries and redirect blame on myself as the reason the outcries were initiated, (more false allegations), how can I properly explain this in the motion and should I also include the medical neglect that also occuring with the child not getting precribed treatments lately and any other retaliatory acts from the opposing party since the child made the outcry and has been left in the home, like making the child go to school with rotten food the child's book bag for over a week, or no snacks provided for school snack time anymore, etc
Hi Kim,
For the "Factual Basis" section, you can structure it to include all relevant details about the current harm, SA allegations, medical neglect, and retaliatory acts. Here's a detailed guide:
*. **Factual Basis:**
- **Current Harm:**
- "The child has made new outcries of SA since being left in the opposing party's home after SA referrals by evaluating medical providers."
- "There is an ongoing police investigation regarding these allegations."
- **False Allegations:**
- "The child is being coerced to recant the outcries and falsely blame me for initiating them."
- **Medical Neglect:**
- "The child is not receiving prescribed treatments and is facing medical neglect."
- "Examples include the child being sent to school with rotten food in their book bag for over a week and not being provided snacks for school snack time."
- **Retaliatory Acts:**
- "The opposing party has threatened to make more false allegations against me if I file this motion."
- "The child is being subjected to additional retaliatory acts, such as the aforementioned neglect."
- **Positive Reasons for Sole Custody:**
- "Granting me sole
do I start with *. factual basis as a main section and then i.e. a. current harm, b. false allegations, c. medical neglect, etc
Hi Kim,
Yes, you can structure your "Factual Basis" section with subsections for clarity. Here's a suggested format:
*. **Factual Basis:**
- **a. Current Harm:**
- Describe the immediate harm or risk to the child in the opposing party's household.
- **b. False Allegations:**
- Explain the false allegations and how they impact the situation.
- **c. Medical Neglect:**
- Detail the medical neglect, including specific examples.
- **d. Retaliatory Acts:**
- Mention any retaliatory acts by the opposing party.
- **e. Positive Reasons for Sole Custody:**
- Explain how sole custody with you will benefit the child.
Would you like further assistance with any specific subsection?
does this format comply with the GA superior court rules, in other words is it ok
Hi Kim,
Your format generally aligns with the requirements for filing an emergency motion in Georgia Superior Court. However, it's crucial to ensure that your motion is clear, concise, and well-organized. Here are some tips to ensure compliance:
- **Follow Court Formatting Rules:** Use the court's prescribed formatting for margins, font size, and line spacing.
- **Include All Required Information:** Ensure your motion includes all relevant case information and is properly titled.
- **Be Concise and Clear:** Present your facts and arguments in a clear and organized manner.
Would you like more detailed guidance on any specific requirements for Georgia Superior Court motions?
yes please
Sure, Kim. Here are some specific requirements and tips for filing an emergency motion in Georgia Superior Court:
- **Formatting:**
- **Margins:** Typically *-inch margins on all sides.
- **Font Size:** Use a readable font, such as Times New Roman, *-point size.
- **Line Spacing:** Double-spaced lines are commonly required.
- **Structure:**
- **Caption:** Include court name, case number, and parties involved.
- **Title:** Clearly state it is an "Emergency Motion for Custody."
- **Introduction:** Briefly state the purpose and urgency.
- **Factual Basis:** Use subsections for clarity (e.g., Current Harm, False Allegations, Medical Neglect, Retaliatory Acts, Positive Reasons for Sole Custody).
- **Conclusion:** Summarize your request for emergency custody.
- **Signature:** Sign and date the motion.
- **Verification:** Include a statement verifying the truthfulness of your claims under oath.
Would you like more specific examples or help with any part of this?
can you provide an example of the verification statement or how I could word it
Hi Kim,
Here's an example of a verification statement you can include at the end of your emergency motion for custody:
---
**Verification**
I, [Your Name], hereby declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge and belief.
Dated this [day] day of [month], *[year].
_________________________
[Your Signature]
[Your Printed Name]
---
Would you like assistance with any other part of your motion?
can I use a font size larger than * (possibly *) and can I use bold print for the section titles and use a possible * size font for emphasis
Hi Kim,
In Georgia Superior Court, it's generally accepted to use a *-point font size for legal documents. While you can use bold print for section titles, it's best to avoid a font size larger than * for the main text to ensure compliance with court formatting rules. For emphasis, you may use bold or underlined text but keep the font size at * points.
Would you like more assistance with another part of your motion?
can I use *.* spacing instead of double
Hi Kim,
It's typically required to use double spacing for legal documents filed in Georgia Superior Court. To ensure your motion meets court standards, it's best to use double spacing rather than *.* spacing.
Would you like further assistance with any other part of your motion?
to attach evidence to this motion (efiling), how do I describe or label the evidence within the motion itself
Hi Kim,
When attaching evidence to your motion (e-filing), clearly label and describe each piece of evidence within the motion itself. Here’s a suggested format:
*. **Reference in Motion:**
- Mention the evidence in the relevant section of your motion (e.g., "See Exhibit A").
*. **Labeling the Evidence:**
- Attach each piece of evidence as an exhibit and label them consecutively (e.g., Exhibit A, Exhibit B).
*. **Description:**
- Briefly describe each exhibit in your motion where it is referenced (e.g., "Exhibit A: Medical report dated [date] confirming [details]").
Would you like further assistance with another part of your motion?
yes, so I create a section just for evidence titled Reference in motion, or do I label the evidence i.e. exhibit a immediately after I mention it in various sections
Hi Kim,
You can label the evidence as "Exhibit A," "Exhibit B," etc., immediately after you mention it in various sections of your motion. Here's how you can do it:
*. **Mention in Motion:**
- "The child has made new outcries of SA (See Exhibit A)."
*. **Attach and Label:**
- Attach each piece of evidence as an exhibit and label them (e.g., Exhibit A, Exhibit B).
*. **Description:**
- Provide a brief description in the motion (e.g., "Exhibit A: Medical report dated [date] confirming [details]").
Would you like further assistance with another part of your motion?
if there is evidence like audio recordings or medical records and police reports that I don't have access to yet, or a way to add it as an exhibit when filing, how do I refer to it in the motion and should I add a section for it
Hi Kim,
If you don't have access to certain evidence yet, you can refer to it in your motion as anticipated evidence. Here's how to handle it:
*. **Mention in Motion:**
- State clearly that you are awaiting certain evidence (e.g., "Anticipated Exhibit A: Audio recording of the child's outcry, expected to be obtained from [source]").
*. **Description:**
- Briefly describe the anticipated evidence and its significance (e.g., "Anticipated Exhibit A will support the child's claims of SA").
*. **Section for Anticipated Evidence:**
- You may add a section titled "Anticipated Evidence" to list and describe any expected exhibits.
Would you like further assistance with another part of your motion?
you have been very helpful, thank you
You're welcome, Kim! I'm glad I could help. If you have any more questions or need further assistance in the future, feel free to reach out. Good luck with your motion!