the greatgrandmother is the temp custody holder and was awarded this in Oct of 2005. Due to a bench warrant for a custody case that I started in Aug 2005, that on the date the court met for the hearing of the case was the day that H Katrina hit NO and sent gusting waves of wind to the East which was blowing the roof off of the court house and court was postponed to the next day. In the time from where I entered the court room and left it, I had court rulled visitation with my son (4 mths) over night, because his father ran off with him for 3 weeks and that was the first time I had seen him since he took off w/ our son, and my lawyer told my mother and I to leave, so we did. And when I came back to the father, I had a bench warrant in the state of MS and my son's Ggrandmother was awarded Temp Custody. So my really, really important Q is... If the order was made in Oct 2005, is it expired? Please, please, respond soon, it's really important for me to know. Thank you, Misty
Temporary cusody is really similar to permanant custody. It lasts until someone fights it. If someone else has sole temporary custody of your children, they can make all of the decisions and do what they feel is right and in the best interest of the children including relocating. If he/she attempts to relocate, they must inform you in writing and give you 30 days to appeal in court. A good reason to remove the children and place them back in the original home must be given. I am not sure what the original reason for the children not being in the original home is, but those issues must be completely resolved and proven to be completely resolved.
You can also visit the court and review the order to determine if the court stated any termination date.
Temporary court orders are customarily issued with 'sunset' dates on them. Check the order itself for the wording, or if it's still in effect, file a motion with the court requesting that it either be withdrawn or quashed.
You should review the document that created the temporary custody to determine how and when the custody arrangement will be re-evaluated or terminated.
You should review the document that created the temporary custody to determine how and when the custody arrangement will be re-evaluated or terminated.
You should review the document that created the temporary custody to determine how and when the custody arrangement will be re-evaluated or terminated.
You should review the document that created the temporary custody to determine how and when the custody arrangement will be re-evaluated or terminated.
You should review the document that created the temporary custody to determine how and when the custody arrangement will be re-evaluated or terminated.
I think what you are asking is what are the parental rights if someone else obtains custody? If this is your question then the answer depends on why someone else has temporary custody. Is CPS/DCFS/DSS involved and did they remove the children? Was there are guardianship hearing that awarded someone temporary custody? If there is indeed a temporary custody order in place your parental rights are determined by the court governing said order.
Temporary child custody lasts for as long as it takes to have a final order put into place by the court. If you have never taken the matter to court, then what you actually have is called defacto custody.
Temporary custody is the precursor to the final decision. Therefore, if you have been awarded temporary custody, this may not be the final decision by the judge. The judge will take in all considerations and issue a permanent order that will state the custody arrangements.
Check with the Clerk of the Court. This is public info.
Provided there's no temporary custody order in place, than yes. Once he has done that, the mother cannot than file one.
Not without a court order if a legal custody order is already in place. And if such an order is not in place, now would be a good time to get one, including that provision. It would be up to the court whether or not it would be accepted, but such an order would protect the rights of everyone involved. If you have a custody order, consult it for your rights and restrictions or consult an attorney specializing in family law in your area for more information and assistance.
No, both parents have equal rights to the child. If the child is currently living with the father, then he has established temporary custody. A court will need to decide upon a formal custody and child support agreement.
Temporary custody yes, if the other parent, who's moving, has been granted permanent custody but has no place to live at the moment. If you are married and can't agree on custody you have to go to court and let the judge decide.
It depends on the custody order already in place. If the mother is violating the custody order, the father can sue her for contempt, and ask that she be appropriately sanctioned. If there is no custody order in place, the father will need to sue the mother for legitimation or divorce, depending on whether they are married, and ask that custody be determined.
In order to get interim custody, you will need to petition the court. When children live with one parent, and the other has visitation, but there is no order in place, the parent whom the children live with has what is called defacto custody.
If the parents are married they both have equal right to the child unless one party gets temporary custody pending a divorce. If they are unmarried and have never been married the mother automatically has custody. The father would have to go to court to establish his paternity and petition for joint custody and visitations.
false