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Roger, Attorney
Category: Family Law
Satisfied Customers: 31729
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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How to get a temporary sapcr order stopped before it is signed

Customer Question

How to get a temporary sapcr order stopped before it is signed & filed by the judge if the venue was improper & i was not given opportunity to give testimony to the safety concerns that I have with my sons father having visitation without getting substance abuse/parenting/anger classes as well as supervised visits, he is mentally unstable & frequently has anger outbursts & talks of suicide. judge ruled for 42 days visitation starting tomorrow however he has never even had our son 24 hours alone. he is very narcissistic. i live 5 hours away & have for 6 months however his attorney put on sapcr form that my son lived in that county when he filed. i did file motion to transfer but have not scheduled hearing. i cannot afford an attorney & was not prepared to argue this case in his county as i was informed that the case was to be heard in county that child resides. is there a way to stop this & start over so to speak in the county in which i live? my son is in counseling due the emotional abuse & i am afraid this will only confuse him more. is there anything that can be done in the next 24 hours?
Submitted: 2 years ago.
Category: Family Law
Expert:  Roger replied 2 years ago.
Hi - thanks for requesting me. If this is an emergency temporary order, then there may be no way to stop it before it is signed and filed........EXCEPT for doing your own SAPCR and beating the other parent to the punch. Here's a good link you can read about the process:
Expert:  Roger replied 2 years ago.
If the order is entered, you could file a motion to vacate the order and demand an emergency hearing, but that's still likely going to take a few days.
Customer: replied 2 years ago.
Thank you for your quick response. As of today the clerk has no order signed & filed. It was not a emergency hearing, it was a TRO (to prevent me from taking him out of school etc)with SAPCR suit. Would filing a SAPCR in my county negate the one that has not been signed or filed yet?
Expert:  Roger replied 2 years ago.
If yours is filed first, then the judge/court in the other county should transfer the matter to the court where you filed.....especially if that's where the child resides.
Expert:  Roger replied 2 years ago.
If you need anything further, please let me know. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!
Customer: replied 2 years ago.
He already filed the SAPCR & that is the hearing of temporary orders that the judge has not signed/filed. So could I file a SAPCR like in the morning that would give me jurisdiction since our child does live with me?
Expert:  Roger replied 2 years ago.
No, if he's already filed the SAPCR, then his filing is going to precede yours....if you were to file. Sometimes, the. Initial filing is a TRO or emergency petition for injunctive relief.
In that case, your best option is to file a motion for an emergency hearing for your motion to transfer.
Customer: replied 2 years ago.
That would only expedite the transfer though correct? Then i will have to modify the order once transferred?
Expert:  Roger replied 2 years ago.
Not could stop any action on the TRO request until after the transfer.
Expert:  Roger replied 2 years ago.
That's why it is important to file a motion for an emergency hearing and ask the court to transfer the case to the proper jurisdiction BEFORE it takes any action.

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