You need a lawyer who can work quickly to help you, if emergency relief is appropriate in your case. Even if emergency relief is not appropriate, you may be able to retain custody of your daughter until you are able to go to court to establish custody. This is a complex legal situation, and every case is different. You need to speak to an experienced custody lawyer right away. Good luck to you.
Crying not to go back is not, in and of itself, a legal basis for obtaining emergency custody. It depends on the reasons for the crying. The way you file for emergency custody is by drafting the pleadings and filing them with the court. It looks like, in your case, you will need the help of an attorney.
Hire an attorney to file for a custody evaluation or Watermeier hearing.
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