Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

Should i file parte, or temporary orders if my son is in the

Customer Question
should i file for ex...
should i file for ex parte, or temporary orders if my son is in the mothers care after a domestic violence charge she got with the boyfriend that she currently stays with?
Submitted: 1 year ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 8 minutes by:
12/31/2015
Family Lawyer: Roger, Attorney replied 1 year ago
Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31,797
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified

Hi - my name is ***** ***** I'll be glad to assist.

You may not be able to get relief by an ex parte motion.....but it likely is a good idea to file for an emergency temporary restraining order to give you custody of the child....at least until these charges are resolved.....to make sure the child is protected and is not placed in a dangerous situation.

Ask Your Own Family Law Question
Family Lawyer: Roger, Attorney replied 1 year ago

Generally, courts will grant temporary orders in the wake of a domestic violence charge against one of the parents.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
Should i just file first instead of doing the emergency temporary restrainig order? I do not want to lose the upper hand of her filing first
Family Lawyer: Roger, Attorney replied 1 year ago

You usually just file for the temporary custody order and then ask for an emergency hearing on the issue to get it before the judge as soon as possible.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
i have a lot of proof to show how unfit, unstable, she is as well as medical neglect and parental alienation she has done.. I am having a very hard time getting all my duck in line to get my son. I would want to have full custody but i keep getting told base on everything i have, i still could end up getting the short end of the stick with just visitation and mother custody.
Family Lawyer: Roger, Attorney replied 1 year ago

Well, courts are required to do whatever is in the best interest of the child.....but even given that fact....judges are hesitant to take custody away from a parent. So, proof has to be extremely solid to have a good case.

Ask Your Own Family Law Question
Family Lawyer: Roger, Attorney replied 1 year ago

But, the best way to start is with a temporary order that you can try to make permanent.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
yea, i keep hearing the best interest of the child, which is hard to prove that she is not what is best interest our son, which is frustrating. With everything that has happened and how she uses our son against me just seem solid enough as well as this domestic charge she recently got with our son there, just seems like its impossible to have anything i have solid enough to protect my son.
Customer reply replied 1 year ago
how can temporary orders be made permanent in my case?
Family Lawyer: Roger, Attorney replied 1 year ago

It is certainly an opportunity for you to gain custody -- at least temporarily -- which could develop into a permanent order if the judge see that it's fit to keep the temporary order in place/make it permanent.

Ask Your Own Family Law Question
Family Lawyer: Roger, Attorney replied 1 year ago

The court, if it enters a temporary order, will set a hearing for a few months in the future.....and at that time the judge will decide to vacate the order OR make it last longer OR even to make it permanent.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
how long do temporary orders last? do i have to still file? can she still file after or during the temporary orders are in place?
Family Lawyer: Roger, Attorney replied 1 year ago

That's up to the judge as to how long the order lasts....but it usually lasts for a few weeks to a few months. In this case, it could last until the domestic violence charges are resolved.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
well i tried to buy more time, but its not processing through
Customer reply replied 1 year ago
i just need to know do i still fie for custody if i file foe temp orders? or can she still file as well?
Family Lawyer: Roger, Attorney replied 1 year ago

I'm not sure what the issue is, but I may be able to get an answer posted......

Usually, when one files a petition for a temporary order, it says that the relief requested is temporary until the court can have a hearing and determine permanent custody.

Ask Your Own Family Law Question
Ask Roger Your Own Question
Roger
Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31,797
31,797 Satisfied Customers
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters

Roger is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I have a question about my case on Domestic Violence. I am
Hi Pearl, my name is***** have a question about my case on Domestic Violence. I am the plaintiff my wife is the defendant. what will I prepare during the Trial? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,425 satisfied customers
My Daughter's fiancé was arrested for domestic violence that
My Daughter's fiancé was arrested for domestic violence that we are certain did not happen. She did not bring charges against him. She had no bruises. Along with a jail sentence (30 days), the judge i… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
My husband was charged with domestic violence and felonious
My husband was charged with domestic violence and felonious assault. I stood up for him for the judge to drop the protection order and he did..... … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
My ex is promoting parental alienation syndrome and is in
My ex is promoting parental alienation syndrome and is in contempt of a civil judgment that allows me parenting time. What are the first forms that I fill out to gain custody of my child? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,205 satisfied customers
Can a domestic violence judgemant be overturned with
can a domestic violence judgemant be overturned with evidence that conterdicts everything presented at trial … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Do grandparents have visitation rights the mother and her
Do grandparents have visitation rights the mother and her daughter lived with us for 4 years and also the 3 year old who is our biological? … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
414 satisfied customers
Back in '08 i was a victim of domestic violence. My wife was
Back in '08 i was a victim of domestic violence. My wife was arrested for it. She ended up doing prison time for two assults with a deadly weapon against a neighbor. Early '06 she got out and like an … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
414 satisfied customers
My daughter is going to court for domestic violence and her
My daughter is going to court for domestic violence and her ex is free to continue visitation. He claimed he can't support his daughter because he can't work due to his mental issues. He has an anger … read more
Ray
Ray
Lawyer
Doctoral Degree
30,205 satisfied customers
Can i file domestic violence charges against a person who
can i file domestic violence charges against a person who hit me and who i am not married to or do not live with? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
My wife filed a domestic violence restraining order on me
My wife filed a domestic violence restraining order on me while I was out of town. They lawyer she has is know to do this. I'm not getting a lawyer as of now and would like to know what I need to do t… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I filed a domestic violence restraining order that was
Hello. I filed a domestic violence restraining order that was temporarily approved. However when it came to court, the respondant brought an attorney where I did not bring mine even though I had one o… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,353 satisfied customers
A judge issued a Domestic Violence restraining order
A judge issued a Domestic Violence restraining order prohibiting me from seeing my children. He did so for no reason whatsoever, did not allow a hearing, and such order was not requested by anyone. Th… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I was granted a domestic violence temporary restraining
I was granted a domestic violence temporary restraining order and The restraining order was from one assault alone. Also keep in mind another assault was not included in original request. I did not sh… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,970 satisfied customers
Individual took guilty plea for domestic violence. Court
Individual took guilty plea for domestic violence. Court order 2 year no contact and anger management. The person being protected constantly calling and texting. Blackmailing to go to parole officer a… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
I'm a domestic violence/ assault victim/survivor proceeding
Hello, I'm a domestic violence/sexual assault victim/survivor proceeding to petition for a complete identity change. The complete identity change will include a new name and a replacement birth certif… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,360 satisfied customers
FOR A LAWYER FOR DOMESTIC VIOLENCE. IN FARGO N.D. THE CASE
MY NAME IS IRENE ************* I AM LOOKING FOR A LAWYER FOR DOMESTIC VIOLENCE … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
If I have a domestic violence restraining order against my
If I have a domestic violence restraining order against my wife, am I able to contact here even though she is no allowed to contact me? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,346 satisfied customers
Restraining order for harrassment. Mother of my child wanted
restraining order for harrassment. Mother of my child wanted me to return my son early for her graduation. On that date we got into a verbal altercation then 4 days later she filed a harrassment restr… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,844 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x