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Donna's Question: My ex was awarded temporary custody of my son, but his house is about to go into foreclosure and he has no family he can live with. Can I get a modification to get temporary custody with me? I maintain my own residence and live alone.

Brette's Answer: Yes, if he has no stable living situation.

※ If my ex has temporary custody and passes away, who gets the kids?
Ellen's Question: If my ex was granted temporary custody of our children and he passes away (dies) who would get custody of the children?

Brette's Answer: It would be up to the court, but likely you unless there is a compelling reason why you shouldn't.

※ Is it illegal if he violates our separation agreement about custody?
Elizabeth's Question: My husband and I agreed that he would have physical custody of our 2 children until the beginning of next month. Now he says that he is filing for custody and that the children cannot leave the state until it is sorted out. If he signed a contract in our separation agreement stating he would give up physical custody of the kids on that date, is it illegal for him to keep my kids from me?

Brette's Answer: If the separation agreement was turned into a court order dictating custody and it specifically says custody is to change on that date, the order is valid - unless a temporary order has been issued by the court he has just filed with.
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Topic: Making Ends Meet until the Divorce is Finalized 11-21
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Can I file for emergency support if there's a DV order in place? 11-16
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Temporary Child Custody 11-12
Preventing Parental Kidnapping 11-12
What if he kicked me out and wouldn't let me take my son? 11-11
How do I file for custody if I haven't filed for a divorce yet? 11-10
Who is usually granted temporary custody? 11-09
Can I get temporary custody without him knowing about it? 11-05
What is the process to get temporary child custody? 11-08
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How can he claim that he has temporary child custody? 11-05
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