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Can I get emergency temporary custody order even though children are just on visitation

Litchfield, MN |

My children are visiting me for the summer in Mn, they live with their mother in OK. She is not following the court order and they are angry and don't want to go back. My son has not been put in speech and will be 7 or 8 before he gets to Kindergarten. They do not go to counseling as per court ordered and their medical needs are not being met. They all have nightmares that their mother has come and taken them away. My son doesn't even have a bed and still sleeps with his mother. Though I pay child support, they don't have meals prepared nor clothes and shoes that fit them. I need to do something to help my children and don't know what my options are

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Attorney answers 2


Hello. Yes, it is possible to make an emergency request of the court for custody of your children. This website provides you with general information and principle of law and not the specific, detailed legal advice and counsel of which you clearly are in need. You would be wise not to post details of your issues on a public website. I urge you to have attorney assistance in preparing your case. Know that you may contact any Minnesota licensed attorney for help. It is critically important that your case is well-prepared. The attorney will want to view the existing court order or orders. The Uniform Child Custody Juridiction and Enforcement Act (UCCJEA) likely is relevant to this matter. As an aside: Know that you may always phone child protection, 24 hrs., to report concerns regarding your children. Should you feel your children are in imminent or immediate danger you should phone 911. Police may make welfare checks on the children. In choosing an attorney: Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.

Twin Cites. Call 612-296-9666 for a consultation: CHILD CUSTODY Law, CHILD SUPPORT Law, FAMILY Law, PARENTING TIME EXPEDITOR, DIVORCE Law, Rule 114 Qualified Neutral, Minnesota Supreme Court Roster Mediator, Tricia Dwyer, Esq. & Associates PLLC, Phone: 612.296-9666 EVERY DAY OF THE YEAR until 8 p.m. daily. See Tricia Dwyer, Esq. & Assoc. PLLC


If the the custody order was in Oklahoma, you would need to start a proceeding there with the assistance of Oklahoma counsel. A court there could review the situation to see if an emergency custody order is justified, although to be honest I don't see it based on the facts you provided.

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