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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Can I Get A Legal Separation In Texas? 07-16
Informal Separations 07-16
Separating Financial Affairs While Still Married 07-15
Preparing For A Divorce & Get all Your paperwork Together 07-15
Understand Your Financial Situation 07-15
Become Financially Solvent 07-14
Make Sure You Can Provide For Yourself 07-07
Seek Legal Advice & Make Sure That Taxes Are Up To Date 07-03
Consider Insurance Coverage 07-01
Pendente Lite Relief or Temporary Support 06-30
Isn't he required to provide for us until the divorce is over? 06-28
Topic: Making Ends Meet until the Divorce is Finalized 06-25
Topic: Filing for temporary support without a lawyer 06-21
Can I file for emergency support if there's a DV order in place? 06-20
Topic: Can I stop him from transferring property? 06-19
Topic: Joint Accounts Pending Divorce 06-18
What if he didn't pay the mortgage payments like he was ordered to? 06-17
Temporary Child Custody 06-16
Preventing Parental Kidnapping 06-16
What if he kicked me out and wouldn't let me take my son? 06-15
How do I file for custody if I haven't filed for a divorce yet? 06-14
Who is usually granted temporary custody? 06-13
Can I get temporary custody without him knowing about it? 06-09
What is the process to get temporary child custody? 06-12
Can temporary custody be changed if he becomes homeless? 06-11
Do temporary custody orders and parenting plans expire? 06-11
What if he lied to get temporary custody? 06-09
Topic: Interference with Custody and Visitation 06-09
How can he claim that he has temporary child custody? 06-09
When does he have to return her after I get temporary custody? 06-09