Emergency Custody Instructions: Ex Parte Custody
What is Ex Parte Custody?
Ex Parte Custody refers to a legal process where a court grants immediate temporary custody of a child to one parent without notifying the other parent. This type of custody is typically sought in emergency situations where immediate and irreparable harm to the child is anticipated if immediate action is not taken. The laws governing ex parte custody in Alabama are primarily outlined in Rule 65 of the Alabama Rules of Civil Procedure.
Legal Explanation
According to Rule 65, a temporary restraining order (TRO) may be granted without notice to the other party if it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party can be heard in opposition. The applicant's attorney must certify to the court in writing the efforts, if any, that have been made to give notice and the reasons supporting the claim that notice should not be required.
Steps to File for Emergency Custody
Step 1: Complete the Online Intake Form
Please complete the Ex Parte Custody Intake Form as soon as possible. This form collects essential information about you, the other party, and the reasons for requesting emergency custody. Accurate and detailed information helps us prepare your legal documents efficiently.
Once the form is filled out, you need to text us at 256-399-9466 or email us at samueldanibone@gmail.com to let us know.
Step 2: Watch the Informational Video
We have prepared a short video explaining the ex parte custody process in Alabama. Please watch this video carefully to understand the steps involved and the legal requirements for emergency custody.
Step 3: Provide Detailed Information
When filling out the intake form, it is crucial to use good grammar, punctuation, and capitalization. Detailed and clear responses help us draft precise and effective legal documents. Specifically, provide as much detail as possible about why you believe there is immediate and irreparable harm to the child if emergency custody is not granted.
Step 4: Prepare for the Filing Fee and Attorney Fee
There is a filing fee associated with custody proceedings, which varies by county. We will inform you of the exact amount for your case. The attorney fee will depend on the time involved and the complexity of the case.
Step 5: Submit Additional Documents & Information
As we work on your paperwork, we may request additional documents or information from you. Promptly respond to these requests to keep the process moving smoothly.
All documents or evidence including screenshots need to be emailed to samueldanibone@gmail.com or text to 256-399-9466.
Step 6: Review & Sign Forms
We will carefully prepare your custody forms for your review. Once ready, please sign the documents as indicated. Accurate and complete forms help us file your case without delays.
Step 7: Filing and Service
Our office will file the custody paperwork with the appropriate court and arrange for service of the documents to the other party, if required.
Step 8: Court Hearing
A hearing will be scheduled where you may need to present your case. We will guide you through this process and prepare you for the hearing.
Important Reminders
Communication: Open communication is crucial. Let us know if you have questions at any stage.
Availability: Be available to review documents and sign as needed to avoid delays.
Detail and Accuracy: Provide detailed and accurate information to support your claim for emergency custody.
Alabama Rules of Civil Procedure - Rule 65
Rule 65 outlines the requirements and procedures for obtaining injunctions and temporary restraining orders. It specifies the conditions under which a temporary restraining order may be granted without notice, the duration of such orders, and the necessity for a hearing on a preliminary injunction. Understanding these rules is essential for effectively pursuing ex parte custody.
