I live in marysville kansas amd my ex and daughter live in lincoln nebraska. My ex has a daughter from a previous marriage and was convicted of battery and aggrevated endangerment of a child. Ahe also gave up her rights to that daughter in nebraska. Can i get a order for tempoary custody if i feel my daughter is at risk of abuse?
The Courts allow for an emergency ex parte (meaning without a hearing) orders when there is an imminent risk of a harm to a child. If a custody change or order is appropriate, but there is no imminent risk of harm, the court may enter a temporary order granting or changing custody. Generally these motions are filed within an initial custody action or a custody modification action if a custody order has previously been entered. If the request includes a request to move the child out of Nebraska, it may be more difficult to convince the court to grant the custody order depending on the facts of the case.
Although I am an attorney practicing law in Nebraska, the answer I provide is for general purposes only and does not establish an attorney-client relationship. If you need legal advice, you should contact an attorney who will discuss with you the specific facts of your case.
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