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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11318
Experience:  Licensed Texas General Practice Attorney
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Hey dude been out of the game for a while and had to replace

Customer Question

Hey dude been out of the game for a while and had to replace my debit card so sorry I haven't been online. Question I ha a juvie hearing over custody which was horrible ill tell you later. Any way there were terms I refused to accept like a morality clause saying I can't have a male around even to visit while my kids are home an I got primary custody most of the year. So my lawyer ask the judge to reconsider certian things like the abuser having the kids all summer and I see them every weekend...

So I don't think my lawyer filed anything he just asked.. My question is , since it is not signed and not filed and being argued a little is my temp order still in effect or is this order that's incomplete and unsigned even by the judge in effect
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

If the judge has not signed an order, then it would not be in effect. The temporary order could still be in effect unless by the explicit terms of the order it has lapsed (that is, if it says that "after X days" it will no longer be in effect, etc...) but if the specific terms of the order have not lapsed, then unless a new order is put into place, the temporary one would still be in effect.

ScottyMacEsq :

If the temporary one has lapsed by the explicit terms, and the new one has not been signed by the judge, then neither one would be in effect, and there would not be any of the restrictions by the judge.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate this answer either a 3, 4, or 5 (good or better). Please note that I do not get any credit for this answer unless and until you rate it that way. Thank you, and again, good luck to you!

Customer : Ok so if my ex is insisting on the new order being in place but it is not, or temp has no expiration date... How bad does it look if I hold him to it and get my kids and hold him to the temp? Kind of in the courts eyes I mean because we still have to have a final on support and may have to redo custody if no one can agree.. Does it look like I am being the troublesome parent or sticking to my guns. He was and is very abusive.. I am shocked with all of the witness testimony and actual recordings this judge allowed him to have them all summer
ScottyMacEsq :

I understand your situation. If it appears that the judge has made up his/her mind, then it might appear that you're being belligerent, although there would be nothing to hold you to. That is, there would be nothing to complain about you not keeping with. Ultimately it would depend upon what the judge has said and inferred as to what the state of your case is and what your obligations (if any) are.

ScottyMacEsq :

Again, without an order there's nothing that is specifically telling you how to behave.

ScottyMacEsq :

But the judge's actions, inferences, etc... could give you an idea whether or not a specific action on your part would provoke the judge's "ire".

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate this answer either a 3, 4, or 5 (good or better). Please note that I do not get any credit for this answer unless and until you rate it that way. Thank you, and again, good luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answe?

ScottyMacEsq :

*answer

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response or your rating....

ScottyMacEsq :

Should I continue to await your response, or may I assist the other customers that are waiting for an answer?

ScottyMacEsq :

Hello?

ScottyMacEsq :

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If there's nothing else, and you have not yet, please rate this answer either a 3, 4, or 5 (good or better). Please note that I do not get any credit for the time (~ 45 minutes) that I spent with you so far unless and until you rate it that way. Thank you, and again, good luck to you!

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