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FAQ

Can I get temporary or emergency custody to move my children out of state until my move away request is granted?
Ask your lawyer. The answer to this question is going to vary case by case and state by state.If there’s an existing custody order, you will need to obtain leave of the court that issued the custody order in order to move away. Whether the court will be inclined to grant that leave is another matter and will depend on all the facts of your case. Even if there is not an existing custody order, the other parent could, upon getting wind of your intended move, obtain a writ of ne exeat or an emergency custody order stripping you of the right to take the children with you, since precipitous moves have historically been a prelude to procedural games designed to cut the other parent out of the children’s lives.A law called the Uniform Child Custody Jurisdiction and Enforcement Act, which is in effect in all states, provides that even after you move, the state you left is most likely going to be the proper forum for litigation, so if you move without notice and wait for the other party to commence the required court proceedings, you’ll be at that much more of a disadvantage.Regarding procedural remedies such as temporary custody, you’d have to identify the jurisdiction for any specifics.In my state, Pennsylvania, a temporary custody order or a ne exeat in a new case is “special relief”, Pa. R.C.P. No. 1915.13, but if there’s already a custody order, there is a requirement that the relocating parent give notice to the other parent if the relocation is of such a character that whatever existing custody schedule there is will become impracticable as a result. The court may grant interim leave to relocate pending a hearing but only if it finds “exigent circumstances.” 23 Pa.C.S. § 5337(g).¹ A party’s failure to give the required notice in a timely manner may be held against them. Id. subd. (j).Motivation matters. Although the well-being of the custodial parent is a legitimate concern, Gruber v. Gruber, 583 A.2d 434 (Pa.Super. 1990),² it is not controlling by itself, Ketterer v. Seifert, 902 A.2d 533 (Pa.Super. 2006). If the court feels that the move is for insufficiently weighty reasons, relocation will be denied. S.M.S. v. M.J.S., 76 A.3d 541 (Pa.Super. 2021. (leave to move to place to be with boyfriend whom petitioner had no plans to marry and where she had no offer of regular employment was denied).The distance of the move and the degree of alteration of the other parent’s custodial time will also play a role. If you are moving right across the line in the same metropolitan area, it might not be a big deal at all. If you’re moving from Pennsylvania to California, it will be.The person seeking to move bears a burden of proof that the move will be in the child’s best interest.Notes:¹ ‘Exigent circumstances‡ aren’t defined in the statute or the case law. The statute does prthat 60 days‡ notice of the relocation is to be given. Presumably the temporary order provision could be invoked if something happened that made the move on shorter notice than that and no court hearing date were available within the time before the move, which would imply that some compelling reason the move is not only desirable but necessary would have to be shown. At any rate a proper fact hearing is required. Plowman v. Plowman, 597 A.2d 701 (Pa.Super. 1991).² The Superior Court, in Gruber, surveyed the law of several other states, including New Jersey, Minnesota, and Florida, and followed them in holding generally that[t]he court should not insist that the advantages of the move be sacrificed and the opportunity for a better and more comfortable life style for the [custodial parent] and children be forfeited solely to maintain weekly visitation by the [non-custodial parent] where reasonable alternative visitation is available and where the advantages of the move are substantial.583 A.2d at 439–40. The substance of the Gruber analysis has now been incorporated into the statute.
How do you fill out the articles of organization for an LLC in Florida?
Quoting Instructions for Articles of Organization (FL LLC) :FILING ONLINE OR BY MAILThese instructions are for the formation of a Florida Limited Liability Company pursuant to s.605.0201, F.S., and cover the minimum requirements for filing Articles of Organization.Your Articles of Organization may need to include additional items that specifically apply to your situation. The Division of Corporations strongly recommends that legal counsel reviews all documents prior to submission.The Division of Corporations is a ministerial filing agency. We cannot prany legal, accounting, or tax advice.Limited Liability Company NameThe name must be distinguishable on the records of the Department of State.You should do a preliminary search by name before submitting your document.The name must include:Limited Liability Company, LLC or L.L.C., ORChartered, Professional Limited Liability Company, P.L.L.C. or PLLC if forming a professional limited liability company.Do not use or assume the name is approved until you receive a filing acknowledgment from the Division of Corporations.Principal Place of Business AddressThe street address of the LLC’s principal office.Mailing AddressThe LLC’s mailing address, if different from the principal address. (P.O. Box is acceptable.)Registered Agent Name and AddressThe individual or legal entity that will accept service of process on behalf of the business entity is the registered agent.A business entity with an active Florida filing or registration may serve as a registered agent.An entity cannot serve as its own registered agent. However, an individual or principal associated with the business may serve as the registered agent.The registered agent must have a physical street address in Florida. (Do not list a P.O. Box address.)Registered Agent’s SignatureThe registered agent must sign the application.The signature confirms the agent is familiar with and accepts the obligations of s.605.0113(3), F.S.If a business entity is designated as the Agent, a principal (individual) of that entity must sign to accept the obligations.If filing online:The registered agent must type their name in the signature block.Pursuant to s.15.16, F.S., electronic signatures have the same legal effect as original signatures.NOTE: Typing someone’s name/signature without their permission constitutes forgery pursuant to s.831.06, F.S.Limited Liability Company PurposeA Professional Limited Liability Company (which is formed under both Chapter 605 and Chapter 621, F.S.) must enter a single specific professional purpose. Example: the practice of law, accounting services, practicing medicine, etc.Non-professional companies are not required to list a purpose, but may do so.Manager/Authorized RepresentativeThe names and street addresses of the authorized representatives or managers are optional.Manager: a person designated to perform the management functions of a manager-managed limited liability company. Use MGR.Authorized Representative: a person who is authorized to execute and file records with the Division of Corporations. Use AR. See 605.0102(8), F.S., for more information.A Manager or Authorized Representative may be an individual or business entity.Do not list members.NOTE: If you are applying for workers‡ comp exemption or opening a bank account, Florida’s Division of Workers‡ Compensation and your financial institution may require this information to be designated in the Department of State’s records.Effective DateAn LLC’s existence begins on the date the Division of Corporations receives and files your Articles unless your Articles of Organization specify an acceptable alternate “effective” date.LLCs can specify an effective date that is no more than five business days prior to, or 90 days after, the date the document is received by our office.If you are forming your LLC between October 1 and December 31st, but don’t expect to transact business until the next calendar year, avoid filing an annual report form for the upcoming calendar year by listing an effective date of January http://1st.By specifying January 1st as the effective date, your LLC’s existence will not officially begin until January 1st of the following calendar year, even though your entity is already on the Division’s records.The January 1st effective date will allow you to postpone your LLC’s requirement to file an annual report form for one calendar year.SignatureMust be signed by at least one person acting as the authorized representative.If filing online: The authorized representative must type their name in the signature block. Electronic signatures have the same legal effect as original signatures.Correspondence Name and EmailPlease pra valid email address.If filing online: The filing acknowledgment and certification (if any) will be emailed to this address.All future email communications will be sent to this address.Keep your email address up to date.Certificate of StatusYou may request a certificate of status.This item is not required.A certificate of status certifies the status and existence of the LLC and verifies the LLC has paid all fees due to this office through a certain date.Fee: $5.00 eachCertified CopyYou may request a certified copy of your Articles of Organization.This item is not required.A certified copy will include a filed stamped copy of your Articles of Organization and will verify that the copy is a true and correct copy of the document in our records.Fee: $30.00 eachAnnual Report NoticeEvery LLC is required to file an annual report to maintain an “active” status in our records.If the limited liability company fails to file the report, it will be administratively dissolved.The filing period for annual reports is January 1st to May 1st of the calendar year following the LLC’s date of filing or, if listed, its effective date.The annual report is not a financial statement.The report is used to confirm or update the entity’s information on our records.
If a child’s jurisdiction is in Florida, will I be able to apply for an emergency custody in North Carolina if I have the child with me?
Yes, but as Heather Morcroft remarks, only “if you have facts to support it.” A lot of custody litigants think things are “emergencies” that are not really “emergencies.”¹And even if a North Carolina court were to grant a temporary order, it would likely expire after a relatively short period of time during which you would be expected to seek redress from the courts of Florida.²You need to talk to a lawyer, or ideally, to lawyers in both North Carolina and Florida, about this. Quora is not a good place to get legal advice.Notes:¹ UCCJEA § 204(a):(a) A court of this State has temporary emergency jurisdiction if the child is present in this State and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.The UCCJEA’s official comment provides:The provisions of this section are an elaboration of what was formerly Section 3(a)(3) of the UCCJA. It remains, as Professor Bodenheimer’s comments to that section noted, “an extraordinary jurisdiction reserved for extraordinary circumstances.”² A “Practicioner’s Guide to the UCCJEA” prepared by the National Center on Protection Orders and Full Faith & Credit explains:Emergency jurisdiction is temporary, but under certain circumstances, such orders can become final.However, that will only happen if there is no Florida action involving the child. UCCJEA § 204(c):(c) If there is a previous child-custody determination that is entitled to be enforced under this [Act], or a child-custody proceeding has been commenced in a court of a State having jurisdiction under Sections 201 through 203, any order issued by a court of this State under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the State having jurisdiction under Sections 201 through 203. The order issued in this State remains in effect until an order is obtained from the other State within the period specified or the period expires.
How do I keep my narcissistic mother from lying to the courts and taking emergency temporary custody of my 6 year old son?
Get a lawyer who is experienced with family law.Stop talking about your current/on-going legal issues on social media.Stop calling your mother names ‡ if her lawyer finds that, it can be used as proof that you are immature and not a good parent.GET A LAWYER. Tell the lawyer everything, and do not lie. Even tell your lawyer details of why your mother thinks you are not fit. Don’t just say “everything is a lie”Do whatever the lawyer tell you to do. Most importantly, do not confront her and stop talking about it on social media.Good luck
How do I file for a temporary emergency custody order for my grandson? I live in Kern County and he is in L.A. County. Where do I have to file the order?
Basically, you can get the forms from either the superior court in the county where your child (grandchild) lives or use the internet to find them. Generally, you will need the following forms:Request for Order, Form FL-300Temporary Emergency Court Orders, Form FL-305Declaration, MC-030Try this link‡ How to File for Temporary Custody in California
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