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I am trying to get custody of my daughteror at least speak

to her, and the court...
I am trying to get custody of my daughteror at least speak to her, and the court granted me temporary sole custody and a pick up order. When I went to get my daughter, the investigator at the AG spoke to the judge and said my order was no longer valid....is this possible?
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Answered in 5 minutes by:
7/4/2013
Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
Verified

Thank you for your question. Please permit me to assist you with your concerns.

It should not be possible. Only a judge has the power and the ability to rescind a court order. CPS, likewise, has the ability to set aside the order based on emergency circumstances but beyond that point the order remains unless it is overwritten by a subsequent decree of some kind. If that does not exist, or no order anywhere shows up that was put in place after your temporary order was granted, contact the sheriff's office, get them a copy of your order, and request that they assist you in honoring and complying with the order, meaning ask them to appear with you to pick up the child from the other parent.

Good luck.

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Customer reply replied 4 years ago

The investigator at the AGs office in Nevada said she spoke with the judge, but the order was signed yesterday and i had called the Marshalls yesterday. is she allowed to speak with the judge without me or my attorney present?


 

Thank you for your follow-up.

The investigator is permitted to contact the judge but he cannot petition the judge to set aside the order. Once signed, the order is valid. The only parties who can in theory petition the judge would be you and the opposing party if any. But the investigator has no power or ability to stop this order from being implemented short of a petition of their own, and then you would be served and you would be permitted to reply to their request and defend the challenge.

Good luck.

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Customer reply replied 4 years ago

so how do i know if the judge has recinded the order?

The judge's chambers would have to send out a notice to you that the order is rescinded--but that cannot happen without you being notified to appear and to fight their motion to set side the order. Without notice the order is valid even if it was rescinded--you have to be told in writing that the order is not binding. WIthout it the order is still binding.

Good luck.

Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
Verified
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