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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 13131
Experience:  B.A.; M.B.A.; J.D.
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My question is concerning Temporary Orders through mediation,

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My question is concerning Temporary Orders through mediation, which my attorney is telling me the judge has signed off on. However, I do not have a copy in hand to show the agreements and terms for a peace officer to legally enforce. I have been designated the sole and exclusive right to determine her residence and collect child support. Her father has been granted frequent but limited visitation time due to our child being under the age of 3 yrs. (21 months old). She has resided with me since birth and i have been her primary caretaker. I tried to pick her up after one of his visitations and have been denied in doing so. He has his family supporting him and restricting me contact with her. I informed him that he could be found in contempt of court due to violating the order. He is telling me that he has been instructed this is okay per his lawyer. He is claiming that since I verbally attacked him in front of our daughter that her life is in danger and I am an unfit mother. I am not perfect, however I have never physically, verbally abused my child. I have never neglected her or put her in harm. When he is present to spend time with her I do become frustrated for the fact of his careless actions that do present a hazardous situation to her. He will leave unappropiate dangers within our daughter's reach (his medications, his tools, parts to his computer, unlocked baby gates, etc.) I am obssessive compulsive about baby proofing. I have witnesses other than family that can vouch for me. I have bit my tongue several times for sake of peace. I just watch more cautiously and correct the problems behind him. I admit letting my emotions getting the better of me last time he was in my home and I did yell at him. He recorded this incident and is now trying to use it against me and have our orders changed. I have tried reasoning with him, i've tried civil standby, but without temporary order with judges signature, no success. Can he have lose my sole exclusive right as the custodial parent, and accuse me of being an unfit mother? I thought there was a process through the courts to do so? Any Advice?
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.


Yes, you need to go to District Court and retrieve the Temporary Orders. You would need to have the Orders to know exactly what rights you and the father have and then take proper action regarding the father's unilateral action. The father cannot take it upon himself to change a Court Order. Any change must be approved by the Court. This means that the father has to apply for modification of the Temporary Orders and give you and your Attorney a notice of the application so that you can respond to oppose it and show up for the hearing. The Court would then make a decision as to the father's request after hearing from both parties. Until then, the Temporary Orders are in force regardless of what you might have done or not done to the father.

Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 13131
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX May have more questions very soon. Well actually what if petitions for emergency modifications on standing order, would same protocol still apply? Or could I have a chance to argue my side before a judge could allow any change or modification?

Expert:  Phillips Esq. replied 1 year ago.

Thank you, XXXXX XXXXX May have more questions very soon. Well actually what if petitions for emergency modifications on standing order, would same protocol still apply? Or could I have a chance to argue my side before a judge could allow any change or modification?



Response: You must be given a chance to argue your case. The emergency petition only means that the time for notice is shortened. However, the notice MUST still be given to you or your Attorney.


Let me know if you need further clarification.


Thank you very much for the positive rating.


Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 13131
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 5 other Family Law Specialists are ready to help you

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