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

Customer Question

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
Expert:  Roger replied 1 year ago.

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 least until these charges are make sure the child is protected and is not placed in a dangerous situation.

Expert:  Roger replied 1 year ago.

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

Customer: 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
Expert:  Roger 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.

Customer: 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.
Expert:  Roger 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.

Expert:  Roger replied 1 year ago.

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

Customer: 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: replied 1 year ago.
how can temporary orders be made permanent in my case?
Expert:  Roger 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.

Expert:  Roger 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.

Customer: 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?
Expert:  Roger 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.

Customer: replied 1 year ago.
well i tried to buy more time, but its not processing through
Customer: 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?
Expert:  Roger 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.

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