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Roger, Attorney
Category: Family Law
Satisfied Customers: 31672
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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With advice from my attorney, I have decided to keep my child

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With advice from my attorney, I have decided to keep my child with me and not bring her back to my stbx. We are in the process of a divorce with NO custody arrangements in place yet. Stbx is refusing to negotiate a 50/50 plan wth me, so for the meantime my child stays put with me (Legal father).

My attorney thinks stbx will file a motion for me to return our child back. But if my child is in no danger and with no court order in place, what do you think a judge may decide, considering stbx will not agree to a temporary custody order?
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.

It's likely that your soon to be ex will file a motion for temporary custody and visitation to be established while the divorce is pending and until a final order is entered by the judge.

That's the most likely filing because if there's no court order in place, the judge is not going to order that custody be given up by you. However, if a motion for temporary custody/visitation is filed, the judge will then have to decide what to do based on what is in the child's best interest. Usually, the court considers the current situation of the child, the character of parents, each parent's ability to care for the child/spend time with the child, and any other factors the court deems relevant.

Thus, since you're the parent who currently has custody, you're in the better position in regard to maintaining custody, but it certainly is not guaranteed. Instead, the court will have to evaluate the facts and do what is best for the child.
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