Can I File Emergency Ex-Parte for Guardianship of My Minor Daughter

Can I file an emergency ex-parte or some other request for guardianship of my minor daughter in Sebastian County? I have been custodial parent since 2000, I am the mom of the very recently turned 17 year old. Her and I have resided in Arkansas for over 2 years.

Dad has supervised visits from previous kidnapping in 2004. Daughter was in Missouri with father’s dad and step mom for her birthday. The father’s supervised visits are to be supervised at his dad’s house since the kidnapping.

On 8/26/2014 step grandmother informed me should would not return my daughter, there was no return date. I immediately informed law enforcement on Arkansas and Missouri side that step grandmother was violating custody agreement.

The grandfather and step grandmother filed emergency order of guardianship of my daughter on 8/28/2014 in Missouri. I am working with legal aid on Missouri side but it maybe 20 days to court.

Because you and your daughter have lived in Arkansas for more than 6 months, Arkansas has jurisdiction over this case. It is impossible to know what the grandparents stated in their motion in Missouri that resulted in an emergency order of guardianship. It sounds like you need to file for an emergency motion in Arkansas and then have your Arkansas Judge have a telephone conference with the Missouri Judge. Unless there is more to this case that you have not mentioned, it is likely both Judges would agree on Arkansas jurisdiction and the case would be moved to Sebastian County. You need to talk to an experienced family law attorney that knows Arkansas law.

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