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Pearl72

Member
What is the name of your state? Colorado

I need to know in what direction i need to go with this... My ex is planning on going to the courthouse on Monday to try and get an emergency hearing due to he wants physical custody of our daughter... what constitutes an emergency hearing? Also, the last time we went to court was nearly 3 years ago, but in a different county, in which me nor our daughter reside in, and havn't for nearly a year. Would I file in the county that we currently live in, even though our case was done in another county? I want to file a parenting plan that I submitted to him (due to our daughter would like to start preschool in 2 weeks) in which I figured it was a good time as any to get something more definite for when she starts school on a full time basis (next year) and get it done and over with now....by my doing this, he has turned around and now wants custody of our daughter....would HE have to file in the county that our daughter has lived in for the past 10 months, or would he file in the last county our case was heard?
 


LdiJ

Senior Member
Pearl72 said:
What is the name of your state? Colorado

I need to know in what direction i need to go with this... My ex is planning on going to the courthouse on Monday to try and get an emergency hearing due to he wants physical custody of our daughter... what constitutes an emergency hearing? Also, the last time we went to court was nearly 3 years ago, but in a different county, in which me nor our daughter reside in, and havn't for nearly a year. Would I file in the county that we currently live in, even though our case was done in another county? I want to file a parenting plan that I submitted to him (due to our daughter would like to start preschool in 2 weeks) in which I figured it was a good time as any to get something more definite for when she starts school on a full time basis (next year) and get it done and over with now....by my doing this, he has turned around and now wants custody of our daughter....would HE have to file in the county that our daughter has lived in for the past 10 months, or would he file in the last county our case was heard?
I think he would need to file in the county where your child resides. However he may try to file in the old county, he may try to file in his county....so you need to be prepared to challenge the venue if he does. (however if he lives in the old county then that could still be the proper place for it to be filed)

I can't see how he could get an emergency hearing on custody. There is no emergency.

Is there any possible way that you could afford an attorney? It would certainly give you an edge over dad. You could certainly file a petition to modify visitation and include your parenting plan with it.

See if your local courthouse has a self help center if you can't afford an attorney.
 

Pearl72

Member
Thanks for the advice about the attorney, yeah -- I was planning on meeting one that i was recommended in a few days due to everything else (see prior posts). I wasn't sure if he was able to get an emergency hearing or not -- he states that he can if he says that our daughter is in danger, or in great harm if she continues to stay with me. So.. hence im getting a lawyer to fight all this out this time. He says he has family in the legal field, (not sure if he is trying to intimidate me again or what) so I'm sure once I do get a lawyer, he will find a way to have one of his relatives represent him or something. Im in this for the long haul either way. In regards to the venue, should i have changed the venue by going to the old county, or does the venue already change due to we have lived in the county we live in now for nearly a year?
 

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