Currently I am having trouble paying for rent and daycare and making sure my child and I have food in the house because his father isn't helping me. I'm close to possibly being evicted and my son is close to being terminated from childcare.
Is the issue nonpayment or is the issue that you are seeking a modification?
In the interim, you should visit food banks for food, and you should talk to your local support groups (tenant assistance, etc.)
Everyone wants you to keep your child and stay in your apartment, and everyone wants you to have enough to eat. Especially if you are only in a temporary bind, you may well be able to find some help. Don't hold back from asking.
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The short answer to your question is NO. Emergency hearings are issued where there is IMMINENT THREAT OF HARM to the party. If your boyfriend was abusing the child in your home, or if he were boarding a plan with the child to a different or foreign jurisdiction ---these would give rise to an emergency hearing and order.
You can seek to enforce an existing order (if there is one, and father is incompliant), you can seek to establish a child support order (if one has never been put in place) or you can seek to modify an existing order (if there has been substantial change(s) in circumstances).
These are not immediate remedies, but they are your legal remedies.
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I agree with the other attorneys here.
I would add that if you or your child has a disability there may be further protections.
Also, if your child is under a certain age (I forgot the age 12 or so) and the house has lead paint, and your landlord does not have a certificate that the house is de-leaded and still rented to you, he or she could be in serious trouble.
Do not let the landlord lock you out and change the keys, pressure you physically, or threaten you in any way to get you out of the house. He must only use civil court process (eviction) or he/she could be liable for using "self-help" and the court will have no mercy on that landlord.
I'm very sorry for your situation, but try to stay calm and seek out help. There are people who will help you with these issues.
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