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Do temporary custody orders and parenting plans expire?
Tabitha's Question: We filed for a divorce almost two years ago. Will our temporary parenting plan expire if we don't continue with the divorce?
Brette's Answer: Yes, all temporary orders have an expiration date. You can get a permanent custody order if you do not intend to continue with the divorce, but depending on how your state's judicial system is set up, you might have to go to a different court to do so. If you and your ex agree, you can both appear in court without attorneys and tell the judge what you have agreed to and what you would like as a final order. If you are in agreement and what you are proposing is reasonable, the court will likely order it.
Can temporary custody be changed if the DCFS charges are dropped?
Bianca Asks: Can my ex get custody of my one month son if they called Department of Children and Family Services on me? The charges were dropped and they have my son at the moment and refuse to give him back until we go to court.
Brette: You need to get the temporary custody order changed. If your court date is soon, you can do it then. If it is not, file an emergency petition for modification. » Return to top
Help, the judge awarded temporary custody to him.
Melissa's Question: I am separated from my husband of 11 years. I've been a stay at home mom and the sole care-giver for our children, while he was the financial provider and that is all he contributed to the family. I began seeing someone new and he moved into my home a month ago. I recently found out that my husband was reported to DHS for neglect, and told him I was going to request temporary custody because I was concerned for my children. He filed for custody before I ever got a chance. We went to court yesterday and I lost because I have a live in boyfriend. My side was never even heard. I've never went more than 48 hours without seeing my babies and now I only get to be a mommy 4 days a month. Any advice would be helpful.
Brette: It sounds like you had a temporary hearing which is short. You need to go to trial on this and have time to prove that it is in your children's best interest to live with you. Since you have a longer parenting history, that will help. Your attorney needs to get the DHS reports admitted into evidence. If you think the boyfriend is a problem, get him out. You need to work with your attorney to turn this around.
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