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Is there a way to set up a temporary custody agreement

Is there a way...

Is there a way to set up a temporary custody agreement before mediation so my husband can have our son but can’t refuse to give him back

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No. I just left the family home with my son yesterday as the fighting got physical

Lawyer's Assistant: Family law varies by state. What state are you in?

Fl

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Answered in 12 minutes by:
3/15/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 463
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

What you want to do is complete possible but has a specific set of event that have to occur.

If you and your husband reach an agreement the intent of the agreement is that it has to be followed, but in custody cases people don't always do what they say they are going to do and you are being appropriately proactive to ask how to approach this.

First, you and your husband can reach an agreement.

It should not be just a verbal agreement.

Second, it should be in writing and signed by both of you. If it is in writing, it has a better chance of being binding. However, the best way to make a temporary agreement the most binding is to have it made into a Court order.

This requires a lawsuit to be filed with a family court and once this is done, you and your husband could enter into what is called a Temporary Consent Order that would be submitted to the Court where it would be signed and become a court order.

With this Court order the terms of the order would apply and if he refused to return you son then law enforcement would have a Court document to look at and you could even go to the Court for enforcement.

So this is completely possible the main take away is if there is a written agreement with no Court order would your husband honor the agreement? If the answer is yes, then the written agreement may be sufficient. If not then the Temporary Consent Order may be the best way to go.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 463
Experience: Family Law Attorney in Private Law Firm
Verified
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Sean K
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 463
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Experience: Family Law Attorney in Private Law Firm

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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).

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