• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Grounds for emergency custody hearing?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

Sara7962

Junior Member
What is the name of your state (only U.S. law)? Maryland

My daughter is in the first grade. Our normal schedule during the summer is every other week. Last year when she was in kindergarten, we found it would be best for her to stay primarily at my house and go to his house every other weekend. She goes to school in my school district. His school district is HORRIBLE.

So lately hes been giving me a hard time about the every other weekend thing. He wants it to still be every week. I truly believe bouncing around is not a good thing while in school. She needs consistancy and a schedule.

He has not paid child support since 2007. I pay for everything. Ive been bringing this to his attention alot lately and i think hes worried about me filing for childsupport, therefor he wants to have her equally.

The other day the school nurse called from my daughters school and left a message saying that she was in there with a nose bleed. I was not home at the time and didnt get the message until today.

About a month and a half ago, his basement flooded. Her bedroom is in the basement. She told me about this happening and how most of her stuff had to be thrown away. A few weeks later i remember to ask her about her room. She she wasnt allowed down there and it was bad for her oxygen. At this time i had given him a chance with having her for the week while in school to test it out. I ask her where do you sleep then if not in your room? She says on the floor in her fathers girlfriends mothers room. So when i got her back i tell him taht sleeping on the floor befor goin to school is not what she needs and we are going back to every other weekend. He tells me the carpet has been replaced and that everything is fine now.

I mentioned the nose bleed because nose bleed's are linked to mold. She never gets them. She has mild ashtma in the past as well which makes her more susceptiable to react bad to mold.

I know i mentioned alot of unnesacary stuff but i needed to explain the story. Is her nose bleeding out of no where grounds for an emergency hearing when i suspect her bedroom is mold ridden?
 


Isis1

Senior Member
Nose bleeds? No. That is not an emergency.

Is there a court order for visitation right now? How about child support?
 

CJane

Senior Member
How is it that the school left a message "the other day" and you just got it?

How is it that you're "concerned" about where she's sleeping, but it took you "a couple of weeks" to remember to ask about her room - after she'd told you that most of her stuff had to be thrown away?
 

Sara7962

Junior Member
We have never been to court to establish any kind of custody. He is not payin child support but i recently went to the DHR and am waiting for a date.

Do you think its at least a good idea to do this jus to voice my concern? And then maybe it will speed up the custody process?
 

Sara7962

Junior Member
How is it that the school left a message "the other day" and you just got it?

How is it that you're "concerned" about where she's sleeping, but it took you "a couple of weeks" to remember to ask about her room - after she'd told you that most of her stuff had to be thrown away?


I was informed that she just recently was allowed back in her room. And i was not going to let her over there but he insisted everything was taking care of porperly.

This had all happend around the start of the school year and at first she was only going over there every other weekend.....when he started pressing the fact that he wanted her to be there every other week and not every other weekend i remeberd about her room and asked her.
 

Isis1

Senior Member
Paternity will be established with the child support date. But you will still need to establish custody and a visitation schedule. Well, you don't have to. You can wait for dad to, but i'm not a wait around for someone to get their finger out of their butt kind of gal. So you can wait, or not.
 

Sara7962

Junior Member
Paternity will be established with the child support date. But you will still need to establish custody and a visitation schedule. Well, you don't have to. You can wait for dad to, but i'm not a wait around for someone to get their finger out of their butt kind of gal. So you can wait, or not.
Paternity is not an issue.....he has an affidavid on file. I took this long to file for child support because he threatens and manipualtes me.

Im not sure what will happen when we get our date to go in for the child support becuase hes gona deny the rightful schedule.
 

CJane

Senior Member
I was informed that she just recently was allowed back in her room. And i was not going to let her over there but he insisted everything was taking care of porperly.

This had all happend around the start of the school year and at first she was only going over there every other weekend.....when he started pressing the fact that he wanted her to be there every other week and not every other weekend i remeberd about her room and asked her.
Ok, first of all, ONE nosebleed does not an emergency make.

Second, you said that you'd ALREADY begun allowing the e/o week thing to take place, and THEN asked about her room, and THEN he said that he'd taken care of everything.

Not the other way around.
 

Sara7962

Junior Member
so just file for regular custody even tho he keeps her as he pleases? Do i have the right to not allow him to have her if he doesnt go by the schedule we have always gone by?
 

CJane

Senior Member
so just file for regular custody even tho he keeps her as he pleases? Do i have the right to not allow him to have her if he doesnt go by the schedule we have always gone by?
RIGHT NOW, if there's no court order, you can do whatever you like.

However, status quo tends to weigh heavily.
 

Sara7962

Junior Member
Ok, first of all, ONE nosebleed does not an emergency make.

Second, you said that you'd ALREADY begun allowing the e/o week thing to take place, and THEN asked about her room, and THEN he said that he'd taken care of everything.

Not the other way around.
You are correct...i allowed her there for ONE week as a tester....she came home.....i remembered what she had told me about her room. She had only said something about it one time. He never even told me himself. Im human. I forgot about it. Im have a buys life with my 1 yr old and my 6 year old that i have in several after school activities. And yes i feel bad for have forgetting that but it was only brought to my attention one time. After i did ask her and she said she was sleeping on the floor was when i told him she wasnt going to be coming back over for the week and he said it was taken care of.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top