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Emergency Custody Filing Decision
Summary
Filing for emergency custody in Georgia can be crucial if a child is in immediate danger. Document all incidents and consider consulting a family law attorney for guidance. If legal counsel is unaffordable, inform the court through a detailed affidavit outlining concerns and evidence. Prioritize child safety and seek legal advice when possible.Full Conversation
Hi, I am in georgia. My young child has made an outcry of SA to me and then again to medical professionals. However, the child was able to remain in the offending household with my coparent who is trying to reverse blame on me and coaching the child to deny the initial outcry and claim she was bribed to make the outcry. My question is whether or not I should fle for emergency custody as the non offending parent before the scheduled forensinc interview and let the courts know this. Or should I wait to see how the forensinc interview goes first. I dont want my seeking emergency custody for the child's safety based on the SA to appear as if I am using the SA to gain custody, when I am not. I am simply trying to protect my child. However my coparent has a history of making false claims and the court in our county has a history of placing sanctions upon me until an investigation clears me
Hi Kim, I'm sorry to hear about your situation. Given the urgency of your child's safety, filing for emergency custody can be a proactive measure. Georgia courts prioritize child safety, especially in cases involving allegations of abuse. Here are some points to consider:
- **Immediate Safety**: If you believe your child is in immediate danger, filing for emergency custody can be crucial.
- **Documentation**: Keep thorough documentation of all communications and incidents.
- **Legal Advice**: Consult with a family law attorney to guide you through the specifics of your case.
Would you like more information on finding legal representation or more specific Georgia laws related to emergency custody?
- **Immediate Safety**: If you believe your child is in immediate danger, filing for emergency custody can be crucial.
- **Documentation**: Keep thorough documentation of all communications and incidents.
- **Legal Advice**: Consult with a family law attorney to guide you through the specifics of your case.
Would you like more information on finding legal representation or more specific Georgia laws related to emergency custody?
i would like to know if its better to wait to file based on the circumstances until after the forensic interview
Hi Kim, given the urgency and seriousness of your situation, it's crucial to prioritize your child's safety. Here are some points to consider:
- **Immediate Danger**: If your child is in immediate danger, filing for emergency custody should not be delayed.
- **Forensic Interview**: The results can be crucial, but your child's immediate safety should come first.
- **Legal Counsel**: Consult a family law attorney for personalized advice.
Would you like assistance finding legal representation in Georgia?
- **Immediate Danger**: If your child is in immediate danger, filing for emergency custody should not be delayed.
- **Forensic Interview**: The results can be crucial, but your child's immediate safety should come first.
- **Legal Counsel**: Consult a family law attorney for personalized advice.
Would you like assistance finding legal representation in Georgia?
i cannot afford legal counsel right now. How do I let the courts know before the forensic interview that my coparent has been coaching the child
Hi Kim, you can inform the court about your concerns by filing a motion or affidavit. Here are some steps:
- **Motion/Affidavit**: Write a detailed affidavit stating your concerns about coaching and the child's safety.
- **Evidence**: Include any evidence or documentation supporting your claims.
- **File**: Submit the affidavit to the court handling your case.
Would you like more information on how to draft an affidavit?
- **Motion/Affidavit**: Write a detailed affidavit stating your concerns about coaching and the child's safety.
- **Evidence**: Include any evidence or documentation supporting your claims.
- **File**: Submit the affidavit to the court handling your case.
Would you like more information on how to draft an affidavit?
yes
Hi Kim,
Here are some steps to help you draft an affidavit:
- **Title and Introduction**: Title your document as "Affidavit of [Your Name]" and include an introduction stating your full name, address, and relation to the case.
- **Statement of Facts**: Clearly outline all relevant facts, including dates, times, and specific incidents of concern. Be detailed about the coaching and safety issues.
- **Evidence**: Attach any documents, messages, or other evidence supporting your claims.
- **Signature and Notarization**: Sign the affidavit in the presence of a notary public.
Would you like a template or more specific guidance on any part of this process?
Here are some steps to help you draft an affidavit:
- **Title and Introduction**: Title your document as "Affidavit of [Your Name]" and include an introduction stating your full name, address, and relation to the case.
- **Statement of Facts**: Clearly outline all relevant facts, including dates, times, and specific incidents of concern. Be detailed about the coaching and safety issues.
- **Evidence**: Attach any documents, messages, or other evidence supporting your claims.
- **Signature and Notarization**: Sign the affidavit in the presence of a notary public.
Would you like a template or more specific guidance on any part of this process?
ues
Hi Kim,
Here is a basic template to help you draft your affidavit:
---
**Affidavit of [Your Name]**
**State of Georgia**
**County of [Your County]**
**Introduction:**
I, [Your Name], residing at [Your Address], am the [relation to the case, e.g., mother/father] of [Child's Name].
**Statement of Facts:**
*. On [date], my child, [Child's Name], made an outcry of sexual abuse to me.
*. The child reiterated this outcry to medical professionals.
*. Despite these allegations, my child remains in the household with the alleged offender.
*. I have observed the following incidents of coaching by my coparent:
- [Describe specific incidents with dates and details]
*. I am concerned for my child's immediate safety and well-being.
**Evidence:**
- Attached are [list of evidence, e.g., text messages, recordings, medical reports, etc.].
**Signature and Notarization:**
I declare under penalty of perjury that the foregoing is true and correct.
[Your Signature]
[Date]
**Notary Public:**
Subscribed and sworn to before me this [date].
[Notary Public's Signature and Seal
Here is a basic template to help you draft your affidavit:
---
**Affidavit of [Your Name]**
**State of Georgia**
**County of [Your County]**
**Introduction:**
I, [Your Name], residing at [Your Address], am the [relation to the case, e.g., mother/father] of [Child's Name].
**Statement of Facts:**
*. On [date], my child, [Child's Name], made an outcry of sexual abuse to me.
*. The child reiterated this outcry to medical professionals.
*. Despite these allegations, my child remains in the household with the alleged offender.
*. I have observed the following incidents of coaching by my coparent:
- [Describe specific incidents with dates and details]
*. I am concerned for my child's immediate safety and well-being.
**Evidence:**
- Attached are [list of evidence, e.g., text messages, recordings, medical reports, etc.].
**Signature and Notarization:**
I declare under penalty of perjury that the foregoing is true and correct.
[Your Signature]
[Date]
**Notary Public:**
Subscribed and sworn to before me this [date].
[Notary Public's Signature and Seal
thanks
You're welcome, Kim. If you need any further assistance or have more questions, feel free to ask. Your child's safety is the most important priority. Good luck.
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