Today, one of the judges said to the clients, “I assure you that every time you try to get the upper hand in a custody dispute, what you do will come back to bite you.” I know it seems logical to take an emergency custody order, emergency protective order or criminal charges to quickly get custody and keep the other parent from the kids, but trying to take emergency custody order, emergency protective order or criminal charges when the facts simply do not meet the statutory requirements does not fool the Court.
The judges handle so many cases that they see the patterns. In some cases, the experience can actually be a problem because some cases don’t fit into the pattern. In those cases, the judge’s rulings may not make sense but I assure you the judge will figure it out, and the custody grab will become apparent to the judge.
Emergency custody order, emergency protective order or criminal charges all involve very specific requirements and should be reserved for those cases where the danger to the child(ren) is imminent and serious as opposed to desiring to get custody to enroll the child(ren) in a different school or to get additional parenting time from the other parent.If you are in Kentucky, then I’d recommend that you call my office at 502-587-1950 or 502-509-1490 to schedule a consultation if you have an agreement, parenting schedule or court order to discuss your options.