Emergency Custody Defense Tips

Summary

In South Carolina, emergency custody is granted if a child is in immediate danger. Gather proof of your fitness as a parent, prepare to counter allegations, and consult a lawyer. A well-prepared affidavit can help, and text messages can be used as evidence. Moving out of state without informing the court can complicate your case. Present all relevant documents and communication clearly in court.

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I have legal custody of my * children and there father is trying to take emergancy custody what should i do
Hello Brittany, could you please tell me which jurisdiction you are located in? The laws can vary depending on your location.
Spartanburg sc
Hello Brittany,
In South Carolina, emergency custody is usually granted if a child is in immediate danger. Here are few points to consider:
- Gather proof of your fitness as a parent
- Prepare to counter his allegations
- Consult a lawyer for better understanding
You may contact Spartanburg County Family Court for further assistance.
Will a type and signed affidavit help. Since i wasnt aware of this until yesterday and court is on tuesday.
Yes, a well-prepared affidavit can help. It can provide vital evidence of your suitability as a parent. It should contain:
- Proof of your ongoing involvement in the children's lives.
- Evidence of providing a stable, safe environment.
- Any relevant communication with the father.

Remember, it's always best to consult a lawyer.
I have consulted a lawyer but i am unable to get one to repersent me bc of such short notice.
While it's ideal to have legal representation, if you can't secure one in time, prepare as best you can. Organize all relevant documents, including the affidavit, and practice presenting your case clearly and concisely. Keep calm and focused in court.
Ive moved out od state will that affect my case.
Moving out of state can complicate your case. It can potentially affect jurisdiction and custody arrangements. South Carolina may still have jurisdiction if the children lived there for the past six months. Consult with an attorney to understand implications.
They have lived in sc there whole like but i have sole custody of them . I moved out of state for better job opportunities as well as the best intrest of my children
That's understandable, Brittany. Is the other parent living in South Carolina? This is important as the court will consider the children's established relationship with both parents. Also, have you informed the court about your move?
No i was not aware i had to inform the court about my move. I moved in sept 29th there father was ok with it ubtil i would not drop his child support. The other parent is living in south carolina yes.
In South Carolina, if you move out of state with the kids, you're generally required to give the other parent and the court notice. As you didn't, the court might view it negatively. Here's what you can do:
- Gather all communication with the father about the move.
- Explain your reasons for moving in detail.
- Prepare to show how the move benefits the children.
Please consult a lawyer asap.
I gave the other parent a notice that i was moving he was ok with it until i wouldnt drop his child support. Will text messages hold up in court in a emergancy custody case....
Yes, text messages can be used as evidence in court. They can show that you communicated the move to the father. Ensure to present them in a clear, chronological order. Consult a lawyer for guidance on presenting this evidence.